STATE v. JONES


177 N.J. Super. 560 (1981)

427 A.2d 123

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. RICHARD W. JONES, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 5, 1981.


Attorney(s) appearing for the Case

Hilary L. Brunell, Assistant Essex County Prosecutor, argued the cause for appellant (John J. Degnan, Attorney General of New Jersey, attorney; Donald S. Coburn, Essex County Prosecutor, of counsel).

Gerald P. Boswell, Assistant Deputy Public Defender, argued the cause for respondent (Stanley C. Van Ness, Public Defender, attorney).

Before Judges BOTTER, KING and McELROY.


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

With leave to appeal from an interlocutory order having been granted, the State appeals from an order suppressing evidence. Defendant's motion to suppress the evidence was granted at the conclusion of a hearing in which the sole witness was the arresting officer, a patrolman of the Newark Police Department.

The essential facts may be stated briefly. Patrolman Filandro and his partner were on patrol...

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