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STATE v. CARLUCCIO

61 N.J. 125 (1972)

293 A.2d 369

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. WILLIAM S. CARLUCCIO, HENRY J. LAFFMAN AND JAMES DE CHRISTOFORO, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 5, 1972.

Attorney(s) appearing for the Case

Mr. Geoffrey Gaulkin, Hudson County Prosecutor, argued the cause for appellant (Mr. Edwin H. Stern, First Assistant Prosecutor, Mr. Frank L. Holstein, Assistant Prosecutor, and Mr. Edward T. O'Connor, Jr., Assistant Prosecutor, on the brief).

Mr. Dennis D.S. McAlevy argued the cause for respondent William S. Carluccio.

Mr. Elmer J. Hermann, Jr., argued the cause for respondent James De Christoforo.

Mr. Thomas E. Bracken, Assistant Deputy Public Defender, argued the cause as amicus curiae (Mr. Stanley C. Van Ness, attorney).

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

This appeal by the State, on leave granted was joined for argument with State v. Petillo, 61 N.J. 165, decided today, raises out of an order made on a pretrial attack by defendants Carluccio, De Christoforo and Laffman on a search warrant, the execution of which resulted in their indictment. (Laffman has since died.)

An application was made to a Superior Court judge...

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