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STATE v. McCANN

919 A.2d 136 (2007)

391 N.J. Super. 542

STATE of New Jersey, Plaintiff-Appellant, v. Alvin McCANN, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 23, 2007.

Attorney(s) appearing for the Case

Joshua M. Ottenberg, Acting Camden County Prosecutor, for appellant (Lauren E. Pratter, Special Deputy Attorney General, Acting Assistant Prosecutor, on the brief).

Thomas J. Gossé, Haddon Heights, for respondent.

Before Judges KESTIN, WEISSBARD and GRAVES.

The opinion of the court was delivered by

WEISSBARD, J.A.D.

Pursuant to leave granted, plaintiff, State of New Jersey, appeals from an order suppressing narcotics and related paraphernalia from use as evidence in a prosecution of defendant, Alvin McCann. The motion judge ruled that the Municipal Court judge who issued the search warrant that resulted in seizure of the evidence was not a "neutral and detached magistrate...

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