STATE v. MALAVE


127 N.J. Super. 151 (1974)

316 A.2d 706

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. FELIX MALAVE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 12, 1974.


Attorney(s) appearing for the Case

Mr. Dante P. Mongiardo, Assistant Prosecutor, argued the cause for appellant (Mr. Joseph D.J. Gourley, Passaic County Prosecutor, attorney).

Mr. Robert J. Galluccio argued the cause for respondent (Messrs. Goodman & Rothenberg, attorneys).

Before Judges CONFORD, MEANOR and BOTTER.


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

The State appeals, pursuant to leave, from an order granting defendant's motion to suppress.

A search warrant was issued authorizing a search of:

* * * the premises of 851 Madison Ave 3rd floor and all parts connected thereto. Plus a Puerto Rican male in his forties about 5'6 in height medium build who lives at said address.

The warrant also provided for the seizure of various named items...

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