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STATE v. CALABRO

81 N.J. Super. 422 (1963)

195 A.2d 897

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MICHAEL CALABRO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 17, 1963.

Attorney(s) appearing for the Case

Mr. Max Mehler argued the cause for appellant (Mr. Samuel Voltaggio, attorney).

Mr. Peter Murray, Assistant County Prosecutor, argued the cause for respondent (Mr. Brendan T. Byrne, County Prosecutor of Essex County, attorney).

Before Judges CONFORD, FREUND and SULLIVAN.

The opinion of the court was delivered by FREUND, J.A.D.

Defendant appeals from his conviction of bookmaking on the results of baseball and football games, in violation of N.J.S. 2A:112-3. The State's case rested mainly upon evidence gained from a search of a Newark apartment pursuant to a warrant issued by a magistrate. This evidence tended to show not only that bookmaking operations had been conducted on the premises, but also that defendant had been present...

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