STATE v. NUNZIATO


178 N.J. Super. 216 (1981)

428 A.2d 564

STATE OF NEW JERSEY, PLAINTIFF, v. JOSEPH EMANUEL NUNZIATO, DEFENDANT.

Superior Court of New Jersey, Law Division Ocean County.

Decided January 30, 1981.


Attorney(s) appearing for the Case

Steven N. Cucci, Assistant Prosecutor, Ocean County, for plaintiff.

Robert A. Coogan for defendant.


ADDISON, J.S.C.

The issue raised by this motion to suppress is whether stolen merchandise found in the home of a prisoner on work release by his work release supervisor, in the prisoner's presence, can be received in evidence against him in a subsequent prosecution.

On April 14, 1980 defendant was sentenced in an unrelated matter to 364 days in the Ocean County Jail with four months suspended, given two years' subsequent probation and fined $1,000. While incarcerated...

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