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STATE v. OTERO

245 N.J. Super. 83 (1990)

584 A.2d 260

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. NELSON OTERO, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 24, 1990.

Attorney(s) appearing for the Case

Joseph Connor, Jr., Assistant Prosecutor, argued the cause for appellant (W. Michael Murphy, Jr., Morris County Prosecutor, attorney; Joseph Connor, Jr., on the letter brief and reply brief).

Randall W. Westreich, Assistant Deputy Public Defender, argued the cause for respondent (Wilfredo Caraballo, Public Defender, attorney; Randall W. Westreich, on the letter brief).

Before Judges SHEBELL, HAVEY and SKILLMAN.

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

The State of New Jersey appeals, on leave, from the Law Division's grant of a motion to suppress evidence seized from defendant, Nelson Otero, following a pat-down search for weapons. We reverse the order of suppression.

A police officer of the Township of Denville, on December 30, 1988, was dispatched at approximately 1:00 a.m. to investigate a car parked in front of a house on Ridgewood Parkway. The...

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