STATE v. CUNNINGHAM


186 N.J. Super. 502 (1982)

453 A.2d 239

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. LESLIE H. CUNNINGHAM, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided September 21, 1982.


Attorney(s) appearing for the Case

Carl Bergmann, Assistant County Prosecutor, argued the cause for appellant (Roger W. Breslin, Jr., Bergen County Prosecutor, attorney; Karen Regan Higgins, Assistant County Prosecutor, of counsel).

Kevin G. Roe argued the cause for defendant (Lucianna, Bierman & Stillman, attorneys; Kevin G. Roe, on the brief).

Before Judges BOTTER, ANTELL and FURMAN.


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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