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STATE v. ONE 1988 HONDA PRELUDE

252 N.J. Super. 312 (1991)

599 A.2d 932

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ONE 1988 HONDA PRELUDE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 6, 1991.

Attorney(s) appearing for the Case

Ernest Hemschot III, Assistant Prosecutor argued the cause for appellant (Ronald S. Fava, Passaic County Prosecutor, attorney, Ernest Hemschot III, of counsel and on the letter brief).

Ronald P. Groseibl argued the cause for respondent (Groseibl & Terranova, attorneys, Ronald P. Groseibl, on the letter brief).

Catherine A. Foddai, Deputy Attorney General, argued the cause for the Attorney General amicus curiae (Robert J. Del Tufo, Attorney General, attorney, Catherine A. Foddai, on the letter brief).

Before Judges MICHELS and O'BRIEN.

The opinion of the court was delivered by O'BRIEN, J.A.D.

The State, through the Passaic County Prosecutor's Office, appeals from the dismissal of its complaint seeking forfeiture of a 1988 Honda Prelude automobile with Pennsylvania registration, allegedly owned by Diana M. Perry and used by her to facilitate the perpetration of illegal acts pursuant to N.J.S.A. 2C:64-1(a)(2). We reverse and remand.

On October 19, 1990 at approximately 12:45 a.m., Perry...

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