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STATE v. BAILEY

97 N.J. Super. 396 (1967)

235 A.2d 214

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. GEORGE BAILEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 31, 1967.

Attorney(s) appearing for the Case

Mr. Frank A. Pelliccia argued the cause for appellant.

Mr. Thomas L. Yaccarino, Assistant County Prosecutor, argued the cause for respondent (Mr. Vincent P. Keuper, Monmouth County Prosecutor, attorney).

Before Judges KILKENNY, CARTON and MATTHEWS.

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

Defendant appeals from an order denying his petition for post-conviction relief. He was tried and convicted on May 5, 1964 of violating N.J.S.A. 24:18-4 (possession of a narcotic drug).

The circumstances giving rise to this charge were as follows: On February 8, 1964 defendant was standing in front of a poolroom in Asbury Park about 9:30 P.M. According to Detective Burke of the Asbury Park Police...

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