Opinion
A-109 September Term 2004
Argued November 7, 2005
Decided December 29, 2005
On certification to the Superior Court, Appellate Division, whose opinion is reported at 373 N.J.Super. 559, 862 A.2d 1178 (2004).
James H. Maynard argued the cause for appellant (Maynard Truland, attorneys; Joe B. Truland, Jr., on the brief).
Catherine M. Broderick, Assistant Prosecutor, argued the cause for respondent (Michael M. Rubbinaccio, Morris County Prosecutor, attorney).
The judgment of the Appellate Division is reversed and the cause remanded to the Superior Court for entry of an order dismissing the indictment substantially for the reasons expressed in the dissenting opinion of Judge Wecker reported at 373 N.J.Super. 559, 567-73, 862 A.2d 1178 (App.Div. 2004). For reversal — Justices LONG, LaVECCHIA, ZAZZALI, ALBIN, WALLACE AND RIVERA-SOTO — 6.
This appeal arises from the denial of defendant's motion to dismiss the indictment, not from a criminal conviction. Judge Wecker concluded that she would "reverse defendant's conviction," State v. Gyori, 373 N.J.Super. at 567, 862 A.2d 1178 . Given the procedural posture of this case, however, the proper relief is as ordered here: dismissal of the indictment.
Opposed — None.