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STATE v. IRELAN

866 A.2d 1023 (2005)

375 N.J. Super. 100

STATE of New Jersey, Plaintiff-Appellant, v. Kenneth IRELAN, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 14, 2005.

Attorney(s) appearing for the Case

Peter C. Harvey, Attorney General, for appellant (Frank Muroski, Deputy Attorney General, of counsel and on the brief).

Evan F. Nappen, Morristown, for respondent (Richard V. Gilbert, on the brief).

Before Judges BRAITHWAITE, LISA and WINKELSTEIN.

The opinion of the court was delivered by

LISA, J.A.D.

This appeal concerns the warrantless search of the passenger compartment of an automobile in connection with a stop and arrest for driving while intoxicated (DWI), N.J.S.A. 39:4-50(a). As a result of the search, the police found and seized a loaded handgun and defendant was indicted for its unlawful possession. N.J.S.A. 2C:39-5b. The trial judge...

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