Opinion · Njlaw New Jersey

STATE v. GYORI, 185 N.J. 422 (2005)

887 A.2d 156

Type: Opinion
Court: Njlaw New Jersey
Jurisdiction: Njlaw
Date: 2005-12-29
Topic: general

STATE v. GYORI, 185 N.J. 422 (2005) 887 A.2d 156 STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANK GYORI, JR.,DEFENDANT-PETITIONER. A-109 September Term 2004Supreme Court of New Jersey.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.

Citator

UpLaw has not yet analyzed STATE v. GYORI, 185 N.J. 422 (2005). The absence of a flag is not a finding that it is good law.

STATE v. GYORI,185 N.J. 422(2005)

887 A.2d 156

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANK GYORI, JR.,

DEFENDANT-PETITIONER.

A-109 September Term 2004

Supreme Court of New Jersey.

Argued November 7, 2005

Decided December 29, 2005

On certification to the Superior Court, Appellate Division, whose opinion is reported at373 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).

PER CURIAM.

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 at373 N.J.Super. 559,567-73,862 A.2d 1178(App.Div. 2004).¹For reversal— Justices LONG, LaVECCHIA, ZAZZALI, ALBIN, WALLACE AND RIVERA-SOTO — 6.Opposed— None.Page 423

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. ↩