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STATE v. CHANEY

723 A.2d 132 (1999)

318 N.J. Super. 217

STATE of New Jersey, Plaintiff-Appellant, v. Walter CHANEY, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 16, 1999.

Attorney(s) appearing for the Case

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

Granata, Wernik & Zaccardi, Matawan, for defendant-respondent (Robin T. Wernik, of counsel; Anne Zaccardi, on the brief).

Before Judges HAVEY, SKILLMAN and LESEMANN.

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

Defendant was indicted on six counts of burglary, in violation of N.J.S.A. 2C:18-2, and six counts of theft of movable property, in violation of N.J.S.A. 2C:20-3a. The trial court granted defendant's motion to suppress on the ground that the affidavit in support of the application for the warrant authorizing the search which resulted in discovery of the evidence against him contained unlawfully...

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