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STATE v. McDERMOTT

167 N.J. Super. 271 (1979)

400 A.2d 830

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MICHAEL McDERMOTT, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 29, 1979.

Attorney(s) appearing for the Case

Mr. L. Gilbert Farr, Assistant Prosecutor, argued the cause for appellant (Mr. David Linett, Prosecutor, attorney).

Mr. Stephen E. Klausner argued the cause for defendant.

Mr. Wayne J. Martorelli, Deputy Attorney General, argued the cause as amicus curiae (Mr. John J. Degnan, Attorney General, attorney; Mr. Lowell Espey, Deputy Attorney General, of counsel and on the brief).

Before Judges LYNCH, CRANE and HORN.

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

On August 23, 1978 we granted leave to the Prosecutor of Somerset County to appeal a suppression-of-evidence order entered by the trial judge on July 24, 1978. Subsequently, on October 18, 1978, we authorized the Attorney General to participate, argue and file a brief as amicus curiae on behalf of the State. We narrate the events leading to this appeal....

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