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STATE v. ROSE

173 N.J. Super. 478 (1980)

414 A.2d 600

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

Superior Court of New Jersey, Appellate Division.

Decided May 7, 1980.

Attorney(s) appearing for the Case

James R. Murphy, Special Deputy Attorney General, argued the cause for appellant (James F. Mulvihill, Acting Mercer County Prosecutor, attorney).

Raymond A. Gill, Jr. argued the cause for respondent (Dato, Thompson, Kracht & Stoller, attorneys).

Before Judges FRITZ, KOLE and LANE.

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

This appeal, accelerated by order of the Supreme Court after the State's motion for leave to appeal to us was granted by that court, involves the question of whether $19,475 in cash seized from defendant's automobile by the police should be returned to defendant or retained by the state, temporarily at least.

The trial judge granted defendant's motion to...

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