STATE v. FRANKLIN SAV. ACCOUNT NUMBER 2067


913 A.2d 73 (2006)

389 N.J. Super. 272

STATE of New Jersey, Plaintiff-Appellant, v. FRANKLIN SAVINGS ACCOUNT NUMBER 2067, Held in the Name of Roy A. Silver, Sr., with an Approximate Balance of $6,558.88, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 7, 2006.


Attorney(s) appearing for the Case

Stuart Rabner, Attorney General, for appellant (Michael T. McCormick, Deputy Attorney General, on the brief).

Grimes & Grimes, Philadelphia, PA, for respondent (Patrick J. Grimes, on the brief).

Before Judges SKILLMAN, HOLSTON, JR. and GRALL.


The opinion of the court was delivered by

GRALL, J.A.D.

The State appeals from a final order dismissing its complaint for forfeiture of Franklin Savings Account No. 2067 (account 2067). That account is held in the name of Roy A. Silver, Sr. The trial court granted Silver's motion to quash the State's subpoena for bank records, precluded further discovery and concluded that the State's evidence was inadequate to establish grounds for forfeiture. The court also...

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