STATE v. BIBBO


83 N.J. Super. 36 (1964)

198 A.2d 810

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

Superior Court of New Jersey, Appellate Division.

Decided March 19, 1964.


Attorney(s) appearing for the Case

Mr. George R. Sommer argued the cause for defendant.

Mr. C. William Caruso, Assistant Prosecutor, argued the cause for plaintiff (Mr. Brendan T. Byrne, Essex County Prosecutor, attorney).

Before Judges GAULKIN, FOLEY and LEWIS.


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

Defendant was found guilty of possession of lottery slips, and he appeals. His sole ground of appeal is that his motion to suppress the evidence used against him should have been granted.

While the police were searching "DeCapua's Hat Store" during business hours, pursuant to a search warrant, defendant entered the store through the front or customer's entrance. Upon seeing the officers, defendant...

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