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STATE v. GUBITOSI

No. 2004-197

151 N.H. 764 (2005)

THE STATE OF NEW HAMPSHIRE v. STEVE GUBITOSI

Supreme Court of New Hampshire

Opinion Issued: March 2, 2005

Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Stephen D. Fuller, senior assistant attorney general, on the brief and orally), for the State.

Law Office of Joshua L. Gordon, of Concord (Joshua L. Gordon on the brief and orally), for the defendant.

NADEAU, J.

The State appeals a Superior Court (Fitzgerald, J.) order finding prosecutorial misconduct and bad faith for obtaining phone records through a search warrant issued by the Franklin District Court after the records had been suppressed by the superior court. We vacate and remand.

The record supports the following facts. The defendant, Steve Gubitosi, was charged in Merrimack County with four counts of harassment

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