STATE v. GRAY


59 N.J. 563 (1971)

285 A.2d 1

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JAMES N. GRAY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided December 20, 1971.


Attorney(s) appearing for the Case

Mr. David S. Baime, Assistant Prosecutor, argued the cause for plaintiff-appellant (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney; Mr. John DeCicco, Legal Assistant, of counsel and on the brief).

Mr. Archibald S. Alexander, Jr. argued the cause for defendant-respondent (Mr. Murry D. Brochin, Assigned Attorney; Messrs. Lowenstein, Sandler, Brochin, Kohl & Fisher, attorneys; Mr. Archibald S. Alexander, Jr. on the brief).


The opinion of the Court was delivered by PROCTOR, J.

Defendant, James N. Gray, was convicted by a jury for possession of heroin (N.J.S.A. 24:18-4) and possession of a revolver (N.J.S.A. 2A:151-41). On his appeal to the Appellate Division his sole contention was that the trial court erred in denying his pretrial motion to suppress the heroin and revolver. In an unreported opinion the Appellate Division reversed the conviction, holding that the evidence...

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