STATE v. SUAREZ


144 N.J. Super. 98 (1976)

364 A.2d 585

STATE OF NEW JERSEY, PLAINTIFF, v. WALTER SUAREZ, JR., DEFENDANT.

Superior Court of New Jersey, Law Division (Criminal).

Decided September 17, 1976.


Attorney(s) appearing for the Case

Mr. Lee W. Shelly, for the defendant (Messrs. Levchuk and Halleran, attorneys).

Mr. Evan W. Broadbelt, for the State (Mr. James M. Coleman, Jr., Monmouth County Prosecutor, attorney).


PATRICK J. McGANN, JR., J.S.C.

Defendant was indicted for violating N.J.S.A. 2A:151-41 in that he possessed various weapons without first having obtained the requisite statutory permit. He moved to dismiss the indictment, alleging that he enjoyed exempt status by virtue of N.J.S.A. 2A:151-43 which, insofar as applicable to this case, provides:

Section 2A:151-41 of this Title does not apply to: * * * b. Members of the Armed Forces of the United...

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