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STATE v. MC GIVERN

167 N.J. Super. 86 (1979)

400 A.2d 527

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MICHAEL J. MC GIVERN, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 30, 1979.

Attorney(s) appearing for the Case

Mr. Richard S. Rebeck, Prosecutor, attorney for appellant (Ms. Lynne M. O'Carroll, Assistant Prosecutor, of counsel and on the brief).

Messrs. Ball, Hayden, Kiernan & Livingston, and Messrs. Cappello & Prendergast (counsel of State of Virginia), attorneys for respondent (Mr. Stuart S. Ball of New Jersey counsel and Mr. Paul A. Cappello of Virginia counsel, on the brief).

Before Judges LYNCH, CRANE and HORN.

The opinion of the court was delivered by HORN, J.A.D.

We granted the State's application for leave to appeal from an order of the trial court which, following an evidential hearing, suppressed evidence. R. 3:5-7. Pursuant to R. 2:11-2 we elected to decide the merits of the appeal on the papers submitted by the respective parties with respect to the motion and such additional briefs as the parties desired to file. We have received no additional briefs...

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