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STATE v. NUNEZ

754 A.2d 581 (2000)

333 N.J. Super. 42

STATE of New Jersey, Plaintiff-Appellant, v. Simon NUNEZ, Roberto A. Almonte and Ruben Gomez, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 13, 2000.

Attorney(s) appearing for the Case

Steven E. Braun, Senior Assistant Prosecutor, argued the cause for appellant (Ronald S. Fava, Passaic County Prosecutor, attorney; Mr. Braun, of counsel and on the brief).

Matthew T. Priore, Paterson, argued the cause for respondent Simon Nunez (Mr. Priore, attorney; Peter J. Foy and Mr. Priore, of counsel and on the brief).

Jay L. Wilensky, Assistant Deputy Public Defender, argued the cause for respondent Roberto A. Almonte (Ivelisse Torres, Public Defender, attorney; Mr. Wilensky, of counsel and on the brief).

Gregory Aprile, Wayne, appeared for defendant Ruben Gomez and relied upon the briefs filed by respondents.

Before Judges KESTIN, WEFING and STEINBERG.

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

The State of New Jersey appeals, pursuant to leave granted, from the trial court's order granting defendants' motion to suppress. We reverse and remand for further proceedings.

On October 30, 1998, members of the Paterson Police Department arrested defendants Simon Nunez, Ruben Gomez and Roberto Almonte in Paterson, New Jersey. Nunez and Gomez were later indicted for possession of a controlled dangerous...

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