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STATE v. RICE

115 N.J. Super. 128 (1971)

278 A.2d 498

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CLIFTON RICE, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 16, 1971.

Attorney(s) appearing for the Case

Mr. Edward P. Hannigan argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney; Mr. Hannigan, of counsel and on the brief).

Mr. R. Benjamin Cohen, Assistant Prosecutor, argued the cause for respondent (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney; Mr. Cohen, of counsel and on the brief).

Before Judges KILKENNY, HALPERN and LANE.

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

Defendant appeals from a judgment of conviction, entered on a jury verdict, charging him with the unlawful possession of heroin. N.J.S.A. 24:18-4. The narrow issue on appeal is whether the court erred in not suppressing the evidence seized as the result of an alleged unlawful arrest.

The only witness called by the State at the suppression hearing was Detective McCummings of the Newark Police...

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