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STATE v. PERRY

59 N.J. 383 (1971)

283 A.2d 330

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. NORMAN LEE PERRY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided November 8, 1971.

Attorney(s) appearing for the Case

Mr. Joseph A. Fusco, Assistant Prosecutor, argued the cause for plaintiff-appellant (Mr. Joseph P. Lordi, Prosecutor of Essex County, attorney; Mr. Joseph A. Fusco, of counsel and on the brief).

Mr. Richard Newman, Designated Counsel, argued the cause for defendant-respondent (Mr. Stanley C. Van Ness, Public Defender, attorney; Mr. Richard Newman on the brief).

The opinion of the Court was delivered by PROCTOR, J.

The primary issue in this case has to do with the legal sufficiency of an affidavit for a search warrant.

The defendant Perry and one Watkins were found guilty by a jury in the Essex County Court of armed robbery of a bus driver in the City of Orange on the night of March 19, 1968. Only Perry appealed. The Appellate Division in an unreported opinion held that there was evidence from which the jury could...

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