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STATE v. SANSOTTA

769 A.2d 1108 (2001)

338 N.J. Super. 486

STATE of New Jersey, Plaintiff-Respondent, v. Francesco SANSOTTA, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 30, 2001.

Attorney(s) appearing for the Case

Alison Perrone, Assistant Deputy Public Defender, argued the cause for appellant (Ivelisse Torres, Public Defender, attorney; Ms. Perrone, of counsel and on the brief).

Marc Lemieux, Assistant Monmouth County Prosecutor, argued the cause for respondent (John Kaye, Monmouth County Prosecutor, attorney; Mr. Lemieux, of counsel; Linda Estremera, Assistant Prosecutor, on the brief).

Before Judges STERN, COLLESTER and FALL.

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

Pursuant to leave granted, the State appeals from a December 3, 1999, order suppressing evidence of test results of a liquid in a water bottle seized from defendant without a warrant and found to contain Gamma Hydroxybufyrate (GHB), a prohibited substance. We affirm.

Defendant was indicted for third degree possession of GHB, contrary to the provisions of N.J.S.A. 2C:35-10.2 (count one); second...

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