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STATE v. SCROTSKY

39 N.J. 410 (1963)

189 A.2d 23

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANDREW SCROTSKY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided March 4, 1963.

Attorney(s) appearing for the Case

Mr. Robert G. O'Brien argued the cause for defendant-appellant.

Mr. Peter Murray, Assistant Prosecutor of Essex County, argued the cause for plaintiff-respondent (Mr. Brendan T. Byrne, Prosecutor of Essex County, attorney; Mr. Peter Murray, of counsel and on the brief).

The opinion of the court was delivered by FRANCIS, J.

Defendant was convicted of unlawful entry and of larceny in violation of N.J.S. 2A:94-1 and 2A:119-2. Following sentence to State Prison, the Appellate Division affirmed his conviction and we granted certification. In this court the appeal was predicated in part upon the ground (not raised in the Appellate Division) that the evidence which resulted in the conviction was produced by unlawful search and seizure...

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