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STATE v. FIORAVANTI

78 N.J. Super. 253 (1963)

188 A.2d 308

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN FIORAVANTI, DEFENDANT-MOVANT.

Superior Court of New Jersey, Appellate Division.

Decided February 4, 1963.

Attorney(s) appearing for the Case

Mr. Charles Frankel and Mr. Paul L. Blenden appeared for defendant, for the motion.

Mr. Vincent P. Keuper, Prosecutor of Monmouth County, opposed.

Before Judges CONFORD, GAULKIN and KILKENNY.

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

Defendant was indicted on September 10, 1962 for breaking and entering with intent to steal and larceny. On September 28, 1962 he moved to suppress evidence (burglar tools) found and seized in his automobile at the time of his arrest without a warrant. The motion was denied. Thereafter he was again indicted, upon what the prosecutor calls a superseding indictment...

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