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STATE v. McGOVERN

897 A.2d 434 (2006)

385 N.J. Super. 428

STATE of New Jersey, Plaintiff-Respondent, v. Edward McGOVERN, Defendant-Appellant, IMO Seizure of Certain Weapons Belonging to Edward McGovern.

Superior Court of New Jersey, Appellate Division.

Decided May 17, 2006.

Attorney(s) appearing for the Case

Lefkowitz, Murphy, Peluso & Cicala, West New York, attorneys for appellant (Joseph Cicala, on the brief).

Wayne J. Forrest, Somerset County Prosecutor, attorney for respondent (Jamin Cooper, Assistant Prosecutor, on the brief).

Before Judges COLLESTER, LISA and S.L. REISNER.

The opinion of the court was delivered by

LISA, J.A.D.

Appellant, Edward McGovern, appeals from an order denying his motion to dismiss a weapons forfeiture petition initiated by the Somerset County Prosecutor, pertaining to weapons seized pursuant to a domestic violence restraining order. The sole basis for appellant's motion was that the forfeiture petition was not filed within forty-five days of the seizure as required by N.J.S.A. 2C:25-21d(3). Judge...

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