STATE v. KLEIN


79 N.J. Super. 559 (1963)

192 A.2d 312

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. HARRY H. KLEIN, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 27, 1963.


Attorney(s) appearing for the Case

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

Mr. Norman Fishbein argued the cause for respondent.

Before Judges GOLDMANN, FREUND and FOLEY.


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

The State appeals from an order of the Essex County Court suppressing certain evidence, seized as the result of a search of defendant's motor vehicle without a search warrant. We granted leave to appeal. Thereafter on application of the State and with the consent of defendant, we remanded the matter to permit the taking of further testimony, meanwhile retaining the appeal.

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