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STATE v. PERKINS

817 A.2d 364 (2003)

358 N.J. Super. 151

STATE of New Jersey, Plaintiff-Appellant, v. Frank G. PERKINS, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 10, 2003.

Attorney(s) appearing for the Case

John G. Laky, Warren County Prosecutor, attorney for appellant (Leeann Cunningham, Assistant Prosecutor, of counsel and on the brief).

Lee S. Trumbull, Convent Station, attorney for respondent.

Peter C. Harvey, Acting Attorney General, attorney for Amicus Curiae Attorney General of New Jersey (Christine A. Hoffman, Deputy Attorney General, of counsel and on the brief).

Before Judges PETRELLA, LINTNER and BILDER.

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

On June 19, 2002, a Warren County Grand Jury returned an indictment charging defendant, Frank G. Perkins, with third-degree unlawful possession of an assault weapon, N.J.S.A. 2C:39-5f. Defendant's motion to suppress the seized firearm was granted. We granted the State's motion for leave to appeal on November 12, 2002. We now affirm.

The facts are substantially...

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