The opinion of the court was delivered by BOTTER, P.J.A.D.
The State appeals from an order requiring the Bergen County Prosecutor to return to defendant a .38-caliber handgun and a Winchester rifle which were seized by the police following a shooting for which defendant was arrested. On December 23, 1978 defendant shot his wife with the handgun in their home. Defendant was arrested and charged in a complaint with assault with an offensive weapon in violation of
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