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STATE v. WILLIAMS

168 N.J. Super. 352 (1979)

403 A.2d 28

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MAURICE ELLIS WILLIAMS AND RAYMOND L. MARSH, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 9, 1979.

Attorney(s) appearing for the Case

Mr. Paul A. Massaro, Assistant Prosecutor, argued the cause for appellant (Mr. John H. Stamler, Union County Prosecutor, attorney; Mr. Gerald M. Compeau, Jr., Assistant Prosecutor, on the brief).

Ms. Susan Heller Fessler, Assistant Deputy Public Defender, argued the cause for respondents (Mr. Stanley C. Van Ness, Public Defender of New Jersey, attorney).

Before Judges ARD and ANTELL.

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

Pursuant to leave granted, the State appeals from an order of the Law Division suppressing certain evidence in this prosecution for larceny, N.J.S.A. 2A:119-2(a), and receiving stolen property, N.J.S.A. 2A:139-1. The order is based upon the trial court's finding that defendants' motor vehicle had been illegally searched by the police.

On July 6, 1977, at 10 A.M., the desk sergeant of the...

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