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STATE v. TOTH

804 A.2d 565 (2002)

354 N.J.Super 13

STATE of New Jersey, Plaintiff-Appellant, v. Fuller TOTH, Defendant-Respondent/Cross-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 13, 2002.

Attorney(s) appearing for the Case

Gerard C. Sims, Jr., Deputy Attorney General, argued the cause for appellant (David Samson, Attorney General, attorney; Mr. Sims and Christopher Matthews, Deputy Attorneys General, of counsel and on the brief).

Michael B. Jones, Newark, argued the cause for respondent/cross-appellant (Peter A. Garcia, Acting Public Defender, attorney; Mr. Jones, of counsel and on the brief).

Before Judges BRAITHWAITE, COBURN AND WEISSBARD.

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

The State appeals by leave granted from an order suppressing statements defendant made during a telephone conversation that was intercepted pursuant to a consensual interception authorized by the Gloucester County Prosecutor's "designee" under N.J.S.A. 2A:156A-4c. The central issue on appeal is whether the word "designee" authorizes the Attorney General and county prosecutors to name more than one...

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