State v. Cooper

The opinion of the court was delivered by

STERN, J.A.D.

The State appeals from the dismissal of an indictment charging defendant with possession of heroin, N.J.S.A. 2C:35-10a(l) (count one), and possession of heroin with intent to distribute, N.J.S.A 2C:35-5b(3). The indictment was dismissed after the trial judge declared a mistrial, at defendant’s request, because of the State’s violation of a sequestration order. The judge concluded that the mistrial occurred as a result of the prosecutor’s “inexcusable neglect,” and that the concept of double jeopardy barred a retrial. We reverse.

For present…