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STATE v. KENNEDY

247 N.J. Super. 21 (1991)

588 A.2d 834

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CURTIS KENNEDY, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROBERT UNDERWOOD, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 25, 1991.

Submitted February 26, 1991.

Attorney(s) appearing for the Case

A-1444-88T4

Sheri Woliver, Deputy Public Defender, argued the cause for appellant Kennedy (Wilfredo Caraballo, Public Defender, Sheri Woliver on the brief and reply letter-brief).

Frank J. Bucsi, Senior Warren County Assistant Prosecutor, argued the cause for respondent (Richard C. Hare, Warren County Prosecutor, attorney; Frank J. Bucsi on the brief).

Jane Grall, Deputy Attorney General, submitted a brief and argued the cause on behalf of amicus curiae State of New Jersey (Robert J. Del Tufo, Attorney General, attorney; Jane Grall on the letter-brief).

Deborah A. Ellis submitted a letter-brief on behalf of amicus curiae American Civil Liberties Union.

A-1471-88T4

Wilfredo Caraballo, Public Defender, attorney for appellant Underwood (Theodore E. Kyles, Jr., designated counsel, on the letter-brief; Ruthann Russo, designated counsel, on the supplemental brief).

Richard C. Hare, Warren County Prosecutor, attorney for respondent (Frank J. Busci, Senior Assistant Prosecutor, on the brief).

Before Judges PRESSLER, DEIGHAN and BAIME.

A-1444-88T4 Argued February 26, 1991.

A-1471-88T4 Submitted February 26, 1991.

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

Defendants' automobile was stopped for speeding on Interstate Route 80. The resulting search of the vehicle disclosed a substantial quantity of controlled dangerous substances. Following a jury trial, defendants were convicted of first degree possession of cocaine with intent to distribute (N.J.S.A. 2C:35-5b...

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