The State appealed the trial court order granting defendant Thomas Canales' motion to dismiss the seven-count indictment for sexual assault, endangering the welfare of a child, and criminal sexual contact relating to three girls under the age of thirteen and one adult female, in separate incidences occurring over a four-month period. Two successive jury trials were held on all charges, with the first declared a mistrial based on jury deadlock. The second trial led to a conviction, which the court vacated and remanded for retrial based on an evidentiary error. On remand, the trial court dismissed the indictment under the fundamental fairness doctrine applying the factors articulated in State v. Abbati, 99 N.J. 418 (1985). On appeal, the court concluded the trial judge mistakenly exercised discretion in dismissing the indictment. The trial judge overlooked the court's prior conclusion that the State proffered substantial evidence during the second trial while evaluating the strength of the State's case, and erroneously weighed putative testimony subject to a jury's credibility determination on retrial. The court concluded that, on this record, consideration of the Abbati factors and prevailing law warranted reversal and remand for a new trial.