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STATE v. WALKER

117 N.J. Super. 397 (1971)

285 A.2d 37

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAMES OSCAR WALKER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 10, 1971.

Attorney(s) appearing for the Case

Messrs. McGlynn, McGlynn, Ruprecht & Graham for appellant (Mr. Louis Ruprecht, of counsel).

Mr. Joseph P. Lordi, Prosecutor of Essex County, for respondent (Mr. Michael H. Stieber, of counsel).

Before Judges CONFORD, MATTHEWS and FRITZ.

PER CURIAM.

We granted leave to appeal from an order dismissing a motion to suppress evidence on the ground that no brief accompanied the motion, although the motion was timely filed.

We are in disagreement with the asserted proposition that defendants filing motions to suppress may routinely delay filing an accompanying brief on the facts and the law, as required by the rule, R. 3:5-7(a), on the claimed justification that advance notice to the...

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