STATE v. GAGEN


162 N.J. Super. 105 (1978)

392 A.2d 239

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAMES F. GAGEN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 19, 1978.


Attorney(s) appearing for the Case

Messrs. Abrams & Wofsy, attorneys for appellant (Mr. Peter S. Valentine on the brief).

Mr. John J. Degnan, Attorney General, attorney for respondent (Mr. William F. Hyland, Former Attorney General; Ms. Katherine F. Graham, Deputy Attorney General, of counsel and on the brief).

Before Judges BISCHOFF, MORGAN and HORN.


PER CURIAM.

Defendant entered a negotiated plea of guilty to unlawful possession of lottery slips, in violation of N.J.S.A. 2A:121-3(b). He appeals from said conviction on the sole ground that the judge erred in denying his motion to suppress evidence consisting of said lottery slips obtained as a result of a warrantless search. R. 3:5-7(d). We agree with defendant's contention that the seizure of lottery slips from his person was unlawful and consequently...

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