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STATE v. SMART

DOCKET No. A-2334-21.

278 A.3d 824 (2022)

473 N.J. Super. 87

STATE of New Jersey, Plaintiff-Appellant, v. Kyle A. SMART, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 2022.

Attorney(s) appearing for the Case

Samuel Marzarella , Chief Appellate Attorney, argued the cause for appellant ( Bradley D. Billhimer , Ocean County Prosecutor, attorney; Samuel Marzarella , of counsel and on the brief).

Clifford P. Yannone , Toms River, argued the cause for respondent (Starkey, Kelly, Kenneally, Cunningham & Turnbach, attorneys; Clifford P. Yannone , of counsel and on the brief).

Before Judges Messano, Accurso and Rose.

The opinion of the court was delivered by

By leave granted, the State appeals from a March 1, 2022 Law Division order suppressing evidence seized from a motor vehicle without a warrant. Police conducted an investigatory stop after surveilling the car for more than an hour and developing information that front seat passenger...

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