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STATE v. KELSEY

No. A-4850-10T1.

59 A.3d 1104 (2013)

429 N.J. Super. 449

STATE of New Jersey, Plaintiff-Appellant, v. Mylon KELSEY, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 13, 2013.

Attorney(s) appearing for the Case

Stephanie A. Katz , Assistant Prosecutor, argued the cause for appellant ( Joseph L. Bocchini, Jr. , Mercer County Prosecutor, attorney; Ms. Katz , of counsel and on the brief).

Scott A. Krasny , West Trenton, argued the cause for respondent (Furlong and Krasny, attorneys; Mr. Krasny , on the brief).

Before Judges FUENTES, GRAVES, and HARRIS.

The opinion of the court was delivered by FUENTES, P.J.A.D.

By leave granted, the State appeals from the order of the trial court denying its application to compel defendant Mylon Kelsey, a police officer in the City of Trenton, to produce a flashlight that may or may not be in defendant's possession. The State claims it has probable cause to believe the flashlight may have been used by defendant illegally as a weapon, when defendant took part in a street brawl, during...

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