STATE v. QUEZADA

No. 95-030.

141 N.H. 258 (1996)

THE STATE OF NEW HAMPSHIRE v. DIOMEDES JESUS QUEZADA

Supreme Court of New Hampshire.

August 2, 1996.


Attorney(s) appearing for the Case

Jeffrey R. Howard, attorney general (Brian R. Graf, assistant attorney general, on the brief, and John C. Kissinger, Jr., assistant attorney general, orally), for the State.

David M. Rothstein, assistant appellate defender, of Concord, by brief and orally, for the defendant.


BROCK, C.J.

The defendant, Diomedes Jesus Quezada, was convicted of possession of a controlled substance. See RSA 318-B:2 (1995). On appeal, he argues that the Superior Court (Arnold, J.) erred in denying his pretrial motion to suppress evidence as the fruit of an illegal seizure. We reverse and remand.

On March 20, 1994, at approximately 1:15 a.m., Manchester Police Officers Shawn Fournier and Jeffrey Czarnac were in a marked police cruiser...

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