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STATE v. CUNNINGHAM

153 N.J. Super. 350 (1977)

379 A.2d 860

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. BRUCE CUNNINGHAM, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 24, 1977.

Attorney(s) appearing for the Case

Mr. Burrell Ives Humphreys, Passaic County Prosecutor, attorney for appellant (Mr. Dante P. Mongiardo, Assistant Prosecutor, on the brief).

Messrs. Diamond, Diamond & Afflitto, Pool Attorney for the Public Defender, attorneys for respondent (Mr. Joseph T. Afflitto, of counsel and on the brief).

Before Judges BISCHOFF, KOLE and GAULKIN.

PER CURIAM.

The State appeals, pursuant to leave granted, from an order of the trial judge suppressing evidence as having been obtained as a result of an improper custodial interrogation in violation of defendant's constitutional privilege against self-incrimination.

Defendant was a suspect in a carnal abuse case and, at the police station, was given warnings by a detective consistent with the principles expressed in Miranda v. Arizona,

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