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STATE v. RODRIQUEZ

130 N.J. Super. 57 (1974)

324 A.2d 911

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. SANTOS RODRIQUEZ, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided August 23, 1974.

Attorney(s) appearing for the Case

Mr. Edward C. Megill argued the cause for appellant (Mr. Edwin H. Stern, Special Deputy Attorney General, Acting Prosecutor of Hudson County and Mr. John J. Geronimo, Hudson County Counsel, attorneys).

Mr. Gerald D. Miller argued the cause for respondent (Messrs. Miller, Hochman, Meyerson & Miller, attorneys).

Before Judges HANDLER, MEANOR and CRANE.

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

On June 23, 1971 $11,036.92 was seized from defendant during a raid on his store and adjacent living quarters. An indictment on various gambling charges followed. Then, because the warrant pursuant to which the search and seizure were made covered only defendant's store and did not include his place of residence, evidential use of the money taken from his home was suppressed. Approximately $1,000 of the money...

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