STATE v. LABIANCA


156 N.J. Super. 382 (1978)

383 A.2d 1190

THE STATE OF NEW JERSEY, PLAINTIFF, v. STEPHEN LABIANCA, DEFENDANT.

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

Decided January 26, 1978.


Attorney(s) appearing for the Case

Mr. Alexander D. Lehrer for defendant (Messrs. Anschelewitz, Barr, Ansell & Bonello, attorneys).

Mr. Martin J. McGreevy for the State (Mr. Clinton E. Cronin, Acting Prosecutor of Monmouth County, attorney).


SHEBELL, J.C.C.

Defendant seeks to suppress evidence seized from his motor vehicle as a result of an alleged inventory search. The van in which defendant was a passenger was involved in a one-vehicle collision on an icy road at about 8 p.m. in an area known as Old Marlboro Village in Marlboro Township. Three police officers responded to the accident. The van appeared inoperable and an officer, without consulting the vehicle's owner or operator, who were both present...

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