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STATE v. MERCURIO

113 N.J. Super. 113 (1970)

273 A.2d 65

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

Superior Court of New Jersey, Appellate Division.

Decided May 18, 1970.

Attorney(s) appearing for the Case

Mr. Joseph A. Falcone, Assistant Prosecutor, argued the cause for appellant (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney).

Mr. Elmer J. Herrmann, Jr., argued the cause for respondent.

Before Judges SULLIVAN, CARTON and HALPERN.

PER CURIAM.

The State, pursuant to leave granted, appeals from an order of the county court suppressing evidence seized by the State in a search of certain premises made under a search warrant issued by a municipal judge.

We are here concerned with a situation where the State submitted the information it had obtained as to violation of the gambling laws to a judge who found probable cause to exist and issued a search warrant.

In this situation,

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