On appeal from Superior Court, Law Division, Somerset County, Whose opinion in published at 180 N.J. Super. 267 (1981.)
Matthews, Pressler and Petrella.
[186 NJSuper Page 21] Defendant was indicted for conspiracy to defraud Allstate Insurance Company (Allstate) by falsifying ownership records of a nonexistent boat and trailer and making false reports of the theft of both. Evon Easton, a codefendant, was indicted on the same charge as well as charges of attempting to obtain money
by false pretenses, misconduct in office*fn1 and giving false information to law enforcement officers. The first jury trial resulted in Easton's acquittal on the charge of misconduct. When the jury was unable to reach a verdict, mistrials were declared regarding the other charges and regarding the charge against defendant for conspiracy. See State v. Antieri, 180 N.J. Super. 267, 268 (Law Div. 1981).
The Somerset County grand jury subsequently returned another indictment charging defendant, Easton and Donald Clements in the first count with the same conspiracy to defraud Allstate. Although the original indictment did not contain the names of coconspirators other than defendant and Easton, it had identified Clements as a person who wrote the document evidencing ownership of the boat involved. In the second indictment Clements and Easton*fn2 were both indicted and named as coconspirators.
Counts 2 and 3 of the second indictment charged defendant and Easton with attempting to obtain money by false pretenses and giving false information to law enforcement officers. The first indictment was dismissed on the motion of the prosecutor. Clements moved to dismiss the second indictment as to him, and it was dismissed without prejudice. Defendant moved to dismiss the second indictment against him on the grounds that R. 3:15-1(b) barred trial for the additional charges contained in counts 2 and 3 of the indictment and prohibited the addition of Clements as a coconspirator in the first count. The trial judge dismissed the additional charges as barred by R. 3:15-1(b). See State v. Antieri, supra, 180 N.J. Super. at 272.
In June 1981 defendant pleaded guilty to conspiracy in return for an agreement by the prosecutor to recommend a noncustodial sentence. As we understand it, defendant claims he was also
to cooperate in a narcotics investigation. The prosecutor subsequently withdrew the plea agreement and defendant's motion for specific enforcement of that agreement was denied. He was allowed to reinstate his not guilty plea.
After a jury trial defendant was found guilty of conspiracy to defraud Allstate. He was sentenced to a term of not less than two nor more than three years in State Prison. On this appeal defendant contends:
1) Where subsequent to the commencement of the first trial, the prosecutor improperly represented the case to the Grand Jury for the malicious purpose of joinder of additional charges and allegations of conspiracy with an additional defendant in a superseding indictment, the entire indictment including the first count alleging conspiracy should have been dismissed below.
2) Where the defendant alleged a breach of a plea agreement based upon cooperation in an undercover investigation, the trial court erred in summarily denying his application for referral of the investigation to the New Jersey State Attorney General's Office or specific performance of the plea agreement, or both.
3) The trial court erred in several evidentiary rulings which had the cumulative effect of denying ...