STATE v. CARBONE


38 N.J. 19 (1962)

183 A.2d 1

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MARTIN CARBONE AND PASQUALE BORRELLI, DEFENDANTS-APPELLANTS, AND JOHN POLO, DEFENDANT.

The Supreme Court of New Jersey.

Decided June 29, 1962.


Attorney(s) appearing for the Case

Mr. Thomas E. Durkin, Jr., argued the cause for defendants-appellants (Mr. Gregory J. Castano, on the brief; Mr. George S. Grabow, attorney for defendant-appellant Borrelli).

Mr. Brendan T. Byrne, Essex County Prosecutor, argued the cause for plaintiff-respondent (Mr. C. William Caruso, Legal Assistant Prosecutor, of counsel and on the brief).


The opinion of the court was delivered by WEINTRAUB, C.J.

Defendants appeal from convictions for bookmaking and conspiracy to make book. We certified the matter before the Appellate Division considered it.

During a raid conducted under a search warrant, a police officer answered the telephone. The sole claim before us is that it was error to permit him to testify:

"I picked up the phone and said, `Hello,' and the caller said, `Pat' and I said, `Yes...

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