STATE v. CANTY


278 N.J. Super. 80 (1994)

650 A.2d 391

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DAVID CANTY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 15, 1994.


Attorney(s) appearing for the Case

Susan L. Reisner, Public Defender, attorney for appellant (Ruth Bove, Assistant Deputy Public Defender, of counsel and on the letter-brief).

Jeffrey S. Blitz, Atlantic County Prosecutor, attorney for respondent (Henry L. Warner, Assistant County Prosecutor, of counsel and on the brief).

Before Judges BAIME, KESTIN and ARIEL A. RODRIGUEZ.


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

At issue is whether the Law Division correctly dismissed with prejudice defendant's motion to suppress evidence because he escaped from prison and, although recaptured, was not available on the scheduled hearing date. We hold that defendant's unavailability did not warrant the sanction of a dismissal with prejudice. The Law Division should have either postponed...

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