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STATE v. CLEMENTE

108 N.J. Super. 189 (1969)

260 A.2d 514

THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. PAUL CLEMENTE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 31, 1969.

Attorney(s) appearing for the Case

Mr. Abel Goldstein, Assistant Prosecutor, argued the cause for appellant (Mr. James A. Tumulty, Jr., Hudson County Prosecutor, attorney; Mr. Gregory J. Castano, Assistant Prosecutor, on the brief).

Mr. Gerald Miller argued the cause for respondent (Messrs. Miller, Hockman, Meyerson & Miller, attorneys).

Before Judges GOLDMANN, LEWIS and MATTHEWS.

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

This is an appeal, pursuant to leave granted, from an order of the Hudson County Court suppressing certain evidence (91 decks of heroin) seized, pursuant to a search warrant, from the automobile and home of the defendant.

The search was made under a warrant issued by a judge of the Jersey City Municipal Court upon the affidavit1 of detective

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