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STATE v. McCARTHY

130 N.J. Super. 540 (1974)

328 A.2d 10

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. EDWARD J. McCARTHY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 23, 1974.

Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, attorney for the appellant (Mr. Elliott M. Baumgart, of counsel and on the brief).

Mr. William F. Hyland, Attorney General, attorney for the respondent (Mr. Julian Wilsey, Deputy Attorney General, of counsel and on the brief).

Before Judges KOLOVSKY, LYNCH and ALLCORN.

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

Defendant appeals his conviction of the offense of illegal possession of narcotics (phenobarbital), entered upon a jury verdict.

The single ground urged for reversal is that the trial judge erred "in admitting into evidence the fruits of an illegal, warrantless search" of the trunk of defendant's automobile. The argument ignores the significant circumstances...

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