STATE v. BRAXTON


111 N.J. Super. 191 (1970)

268 A.2d 40

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. GORDON WILFRED BRAXTON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 16, 1970.


Attorney(s) appearing for the Case

Mr. Barry S. Greenberger argued the cause for appellant (Messrs. Valenti & Greenberger, attorneys).

Mr. Arthur J. Timins, Assistant Prosecutor, argued the cause for respondent (Mr. Karl Asch, Union County Prosecutor, attorney).

Before Judges GOLDMANN, LEWIS and MATTHEWS.


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

Defendant moved to suppress certain evidence as being the fruit of an unlawful search and his motion was denied in the trial court. We granted leave to appeal, and now reverse.

On January 23, 1969 two Westfield Police officers cruising in a patrol car saw a vehicle driving at a moderate speed through the business section of town. Because, they said, the driver was wearing gloves (note it was January...

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