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STATE v. JOYCE

No. 2008-755.

986 A.2d 642 (2009)

The STATE of New Hampshire v. Patrick W. JOYCE, III.

Supreme Court of New Hampshire.

Opinion Issued: December 4, 2009.

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.

Stephanie Hausman, assistant appellate defender, of Concord, on the brief and orally, for the defendant.

DUGGAN, J.

The defendant, Patrick W. Joyce, III, was found guilty based upon stipulated facts of possession of a controlled drug with the intent to sell. See RSA 318-B:2 (2004) (amended 2008). He appeals an order of the Superior Court (Nadeau, J.) denying his motion to suppress evidence seized during an investigatory stop. We reverse and remand.

The following facts were adduced at the hearing on the motion to suppress. At approximately 8:18 p...

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