STATE v. CASTRO


238 N.J. Super. 482 (1990)

570 A.2d 40

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. PHILLIP ANTHONY CASTRO, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 9, 1990.


Attorney(s) appearing for the Case

Patrick J. Bartels, Assistant Prosecutor, argued the cause for appellant (Alan A. Rockoff, Middlesex County Prosecutor, attorney; Patrick J. Bartels of counsel and on the letter brief).

Donna R. Newman argued the cause for respondent (Larry Bronson, attorney; Donna R. Newman on the letter brief).

Before Judges LONG, LANDAU and LOWENGRUB (temporarily assigned).


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

On leave granted, the State appeals from an interlocutory order suppressing evidence "obtained as a result of the warrantless seizure of defendant" Phillip A. Castro (Phillip). The effect of the order is to bar evidence respecting a bag of cocaine which a police officer saw Phillip discard at the home of his uncle Louis Castro.

The State argues that the suppression order should be reversed because the...

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