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STATE v. SAAVEDRA

276 N.J. Super. 289 (1994)

647 A.2d 1348

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. OMELIO SAAVEDRA, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 30, 1994.

Attorney(s) appearing for the Case

Joseph T. Afflitto, Jr. argued the cause for appellant (Diamond, Afflitto & Raimondi, attorneys, Mr. Afflitto, Jr. on the letter brief).

Terry Bogorad, Assistant Prosecutor, argued the cause for respondent (Ronald S. Fava, Passaic County Prosecutor, Ms. Bogorad, Assistant Prosecutor, of counsel and on the letter brief).

Before Judges PRESSLER, LANDAU and NEWMAN.

The opinion of the court was delivered by NEWMAN, J.S.C. (temporarily assigned).

This is an appeal on leave granted from an order denying the defendant Omelio Saavedra's motion to dismiss the notice filed by the Passaic County Prosecutor pursuant to N.J.S.A. 2C:25-21d(3) to forfeit a seized 9 MM Berretta arising out of a domestic violence complaint. The issue of first impression raised is whether the prosecutor's petition to obtain title to the seized weapon...

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