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STATE v. LaBELLA

88 N.J. Super. 330 (1965)

212 A.2d 192

THE STATE OF NEW JERSEY, PLAINTIFF. v. JOSEPH P. LaBELLA, DEFENDANT. THE STATE OF NEW JERSEY, PLAINTIFF, v. JULIA HERNANDEZ, FELIX ALBARADO, HIPOLITO HERNANDEZ PAGAN, ALSO KNOWN AS HIPOLITO HERNANDEZ, AND BERNARDO FIGUEROA, DEFENDANTS.

Superior Court of New Jersey, Essex County Court, Law Division-Criminal.

Decided June 28, 1965.

Attorney(s) appearing for the Case

Mr. Donald H. Mintz for defendant LaBella.

Mr. Howard F. Skarbnik for defendant Hipolito Hernandez Pagan, also known as Hipolito Hernandez (Messrs. Skarbnik & Skarbnik, attorneys).

Mr. William R. Ferlanti for plaintiff (Indictment Nos. 1120-63 and 1121-63) (Mr. Brendan T. Byrne, County Prosecutor of Essex County, attorney).

Mr. Martin G. Holleran for plaintiff (Indictment No. 2361-63) (Mr. Brendan T. Byrne, County Prosecutor of Essex County, attorney).

Mr. William J. Straub for County of Essex (Mr. Nicholas T. Fernicola, attorney).

CONKLIN, J.S.C.

These cases have been combined for decision because they present the same legal issues in essentially the same factual settings. Both cases involve valid seizures of money from persons subsequently indicted, tried and acquitted of charges involving violations of certain gambling laws of this State. After the acquittals, the acquitted persons brought actions seeking a return of the seized monies under N.J.S. 2A:152-10. No outside party submitted...

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