STATE v. DOLLY


255 N.J. Super. 278 (1991)

605 A.2d 238

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. TIMOTHY RAY DOLLY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 20, 1991.


Attorney(s) appearing for the Case

Wilfredo Caraballo, Public Defender, attorney for appellant (J. Michael Blake, Assistant Deputy Public Defender, of counsel and on the brief).

Robert J. Del Tufo, Attorney General, attorney for respondent (Cherrie Madden Black, Deputy Attorney General, of counsel and on the letter-brief).

Before Judges BAIME and A.M. STEIN.


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

Following the denial of his motion to suppress evidence, defendant entered a retraxit plea of guilty to possession of cocaine (N.J.S.A. 2C:35-10a(1)). The Law Division imposed a probationary term of two years and a fine of $500. Defendant now appeals, contending that the search of his person and vehicle was unlawful. We agree and reverse.

I.

On September 30, 1988, Detective William...

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