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STATE v. TORRES

154 N.J. Super. 169 (1977)

381 A.2d 55

STATE OF NEW JERSEY, PLAINTIFF-MOVANT, v. JOAN THERESA TORRES, JOHN RAYMOND TORRES, VICTOR MANUEL TORRES, AND LOUIS SANCHEZ, JR., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 28, 1977.

Attorney(s) appearing for the Case

Mr. Russell V. D'Italia, Assistant Prosecutor, argued the cause for movant (Mr. James T. O'Halloran, Prosecutor of Hudson County, attorney; Mr. Steven L. Strelitz, Assistant Prosecutor, of counsel and on the brief).

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

Mr. Frederick S. Cohen, Deputy Attorney General, argued the cause for the Attorney General, amicus curiae (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Before Judges LYNCH, BISCHOFF and KOLE.

PER CURIAM.

This interlocutory appeal involves a procedural issue incident to a motion to suppress evidence obtained as a result of a warrantless search. R. 3:5-7(b).

On May 11, 1977 at about 10:15 P.M. Officer Gabriel Calabrese of the Jersey City Police Department and his partner were on routine patrol when they observed defendant Joan Torres seated on the ground in front of a garage. They peered through a hole in the overhead door and observed a fluorescent...

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