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STATE v. McCOY

145 N.J. Super. 340 (1976)

367 A.2d 1176

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. WILLIE McCOY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 1, 1976.

Attorney(s) appearing for the Case

Mr. Francis Patrick McQuade, Essex County Counsel, attorney for appellant (Mr. Richard M. Cignarella, First Assistant County Counsel, of counsel and on the brief).

Messrs. Dwyer, Connell and Lisbona, attorneys for respondent (Mr. Raymond R. Connell, on the brief).

Before Judges CARTON, KOLE and LARNER.

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

In August 1974 police officers, pursuant to a warrant, conducted a gambling raid in which defendant and two codefendants were arrested. Allegedly illegal lottery items were confiscated, including $1,495 from the trunk of defendant's automobile and $19 from his person. The three men were indicted for violation of various gambling laws, tried and acquitted of all of the charges.

Defendant subsequently filed...

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