STATE v. POWELL


197 N.J. Super. 191 (1983)

484 A.2d 698

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. PATRICK JAMES POWELL, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 2, 1983.


Attorney(s) appearing for the Case

Raymond J. Zeltner, Assistant Prosecutor, argued the cause for appellant (John H. Stamler, Union County Prosecutor, attorney; Maris Konray, Assistant Prosecutor, on the brief).

Edward P. Hannigan, Assistant Deputy Public Defender, argued the cause for respondent (Joseph H. Rodriguez, Public Defender, attorney; Stephen E. Serbe, Assistant Deputy Public Defender, on the brief).

Before Judges MATTHEWS, GAULKIN and SHEBELL, J.S.C., t/a.


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

The Union County Prosecutor brings this interlocutory appeal from an order dated April 30, 1982 suppressing the results of a polygraph examination taken by defendant. Judge McKenzie found that defendant did not have "full knowledge" of the consequences of submitting to a polygraph and stipulating that the results of the test would be admissible in court.

Defendant was arrested at the scene...

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