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STATE v. TANZOLA

83 N.J. Super. 40 (1964)

198 A.2d 811

THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ANTHONY TANZOLA, NICHOLAS FERRONI, SALVATORE ZULLO, AND JACOB ROSENFELD, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 19, 1964.

Attorney(s) appearing for the Case

Mr. Donald R. Conway argued the cause for the defendants (Mr. Benedict E. Lucchi, attorney).

Mr. Robert Dilts, Assistant Prosecutor, argued the cause for the plaintiff (Mr. Guy W. Calissi, Bergen County Prosecutor, attorney).

Before Judges GAULKIN, FOLEY and LEWIS.

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

The State appeals from an order suppressing evidence seized by virtue of a search warrant. The trial judge held that the affidavit upon which the search warrant had been issued, by another judge, was insufficient to establish probable cause and that the search warrant should not have been issued.

The affidavit was by a sergeant in the "Department of...

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