State of New Jersey v Daniel Gruber

Simultaneous Prosecutions in NY & NJ (Published)


Defendant was charged with second-degree and fourth-degree child endangerment. The Superior Court, Law Division, Bergen County, dismissed indictment. State appealed. The Superior Court, Appellate Division, Payne, J.A.D., held that: (1) complete identity of conduct did not exist so as to permit dismissal of defendant's New Jersey child endangerment charges based on defendant's prosecution for same conduct in New York; (2) distinctions between New Jersey possession of child pornography law and New York distribution of child pornography law, as to what was legally obscene and child age limit were irrelevant, for purposes of determining whether prior New York prosecution warranted dismissal; (3) offenses were more seriously punishable in New Jersey than in New York, warranting second prosecution; and (4) statute, barring state prosecution after federal prosecution on same conduct, was inapplicable.

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Reference Info:Decision | State, 3rd Circuit, New Jersey | United States

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