STATE v. VANDERVEER


285 N.J. Super. 475 (1995)

667 A.2d 382

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. THEODORE VANDERVEER, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 27, 1995.


Attorney(s) appearing for the Case

John Kaye, Monmouth County Prosecutor, attorney for appellant (Mark P. Stalford, Assistant Prosecutor, of counsel and on the letter brief).

Kim A. Fellenz, attorney for respondent, on the letter brief.

Before Judges SHEBELL, WALLACE and NEWMAN.


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

On leave granted, the state appeals from an order of the Law Division granting defendant Theodore Vanderveer's motion to suppress. We reverse.

The relevant facts developed at the suppression hearing may be summarized as follows. On August 5, 1993, Sheriff's Officers John McDonald and Chris Fagan were executing an arrest warrant for N.R. of 1215 Monroe Avenue, Asbury Park. That warrant had

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