STATE v. CUSICK


110 N.J. Super. 149 (1970)

264 A.2d 735

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JOHN J. CUSICK, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 29, 1970.


Attorney(s) appearing for the Case

Mr. Arnold B. Levin, Assistant Prosecutor, argued the cause for appellant (Mr. Vincent P. Keuper, Monmouth County Prosecutor, attorney).

Mr. Philip J. Blanda, Jr. argued the cause for respondent (Messrs. Blanda and Blanda, attorneys).

Before Judges GOLDMANN, LEWIS and MATTHEWS.


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

The State, pursuant to leave granted, appeals from a County Court order granting defendant's motion to suppress evidence because obtained without a warrant.

At about 1 A.M. Officer Moon was on patrol duty when defendant passed him, driving at a high rate of speed westbound on Route 36 in Middletown Township. The officer immediately took up pursuit...

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