State v. Abbati

The opinion of the Court was delivered by

HANDLER, J.

This appeal presents the issue whether, and under what authority and standards, a trial court may dismiss an indictment with prejudice after a defendant has been twice tried for the same offense and each prosecution has ended in a mistrial due to a hung jury.

I

The defendant, Vincent Abbati, Jr., was indicted and charged in four counts with first degree kidnapping (N.J.S.A. 2C:13-1(b)(1)), first degree aggravated sexual assault (N.J.S.A. 2C:14-2(a)(3) and (4)), fourth degree unlawful possession of knives (N.J.S.A. 2C:39-5(d)), and third degree…