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STATE v. MACRI

39 N.J. 250 (1963)

188 A.2d 389

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. NICHOLAS MACRI AND JERRY RACANIELLO, DEFENDANTS-RESPONDENTS. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MICHAEL A. VISCITO, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 18, 1963.

Attorney(s) appearing for the Case

Mr. Brendan T. Byrne, Essex County Prosecutor, argued the causes for the appellant (Mr. Peter Murray, Assistant Prosecutor, of counsel)

Mr. Max Mehler, attorney for respondent Nicholas Macri, argued the causes for the respondents (Mr. Saul C. Schutzman, attorney for respondents Jerry Racaniello and Michael A. Viscito).

The opinion of the court was delivered by JACOBS, J.

In State v. Macri, 72 N.J.Super. 511 (Law Div. 1962), Judge Crane ordered the quashing of the search warrant and the suppression of evidence which, on his finding, was obtained by the Essex County Prosecutor's office through an unconstitutional search and seizure. In State v. Viscito he entered a similar order on a similar finding. Leave to appeal from...

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