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STATE v. PURDY

51 N.J. 303 (1968)

240 A.2d 161

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ALBERT PURDY, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. SAM MELAMED, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 18, 1968.

Attorney(s) appearing for the Case

Mr. Ernest S. Glickman argued the cause for defendant-appellant Albert Purdy (Mr. Michael A. Querques, attorney).

Mr. Harvey L. Stern argued the cause for defendant-respondent Sam Melamed.

Mr. Edward J. Phelan, Assistant County Prosecutor, argued the cause for plaintiff State of New Jersey (Mr. Vincent Panaro, Mercer County Prosecutor, attorney).

Mr. Joseph A. Hoffman, Assistant Attorney General, argued the cause for Arthur J. Sills, Attorney General of New Jersey, amicus curiae (Mr. Joseph A. Hoffman and Mr. John A. Kingfield, Deputy Attorney General, on the brief).

Mr. Alvin E. Granite, Prosecutor of Gloucester County, appeared for the New Jersey County Prosecutors Association, amicus curiae.

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

We granted certification in these two cases to resolve a conflict between parts of the Appellate Division in construing N.J.S. 2A:121-3(b):

"Any person who:

* * * * * * *

b. Knowingly possesses any paper, document, slip or memorandum that pertains in any way to the business of lottery or lottery policy, so-called, whether the drawing has taken place or not:

* * * * * *...

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