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STATE v. DRUMMOND

305 N.J. Super. 84 (1997)

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MICHAEL DRUMMOND, JEFFREY KATO, AND WALTER WEBSTER, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 24, 1997.

Attorney(s) appearing for the Case

Michael S. Curwin, Assistant Prosecutor, argued the cause for appellant (Andrew N. Yurick, Gloucester County Prosecutor, attorney; Steven S. Sand, Assistant Prosecutor, of counsel and on the brief).

Scott T. Schweiger argued the cause for respondent Michael Drummond (Taylor, Taylor & Olizi, attorneys; Mr. Schweiger, on the brief).

Lorraine A. DiCintio argued the cause for respondent Walter Webster (Ballen, Gertel & DiCintio, attorneys; Ms. DiCintio, of counsel; Nancy L. Hart-Esposito, on the brief).

Fred B. Last, Assistant Deputy Public Defender, argued the cause for respondent Jeffrey Kato (Ivelisse Torres, Public Defender, attorney; Mr. Last, of counsel and on the brief).

Before Judges HAVEY, LANDAU and COLLESTER.

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

Defendants Michael Drummond (Drummond), Jeffrey Kato (Kato) and Walter Webster (Webster) were indicted on charges of possession of a controlled dangerous substance (CDS) under N.J.S.A. 2C:35-10a(1) and possession with intent to distribute CDS under N.J.S.A. 2C:35-5a(1) and:35-5b(3).

On leave granted, the State of New Jersey appeals from a decision and order suppressing evidence of cocaine...

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