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STATE v. SMITH

140 N.J. Super. 368 (1976)

356 A.2d 401

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

Superior Court of New Jersey, Appellate Division.

Decided April 7, 1976.

Attorney(s) appearing for the Case

Mr. Gary H. Schlyen, Assistant Prosecutor, argued the cause for appellant (Mr. Burrell Ives Humphreys, Passaic County Prosecutor, attorney).

Ms. Randall W. Westreich, Assistant Deputy Public Defender, argued the cause for respondent (Mr. Stanley C. Van Ness, Public Defender, attorney).

Before Judges CARTON, CRAHAY and HANDLER.

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

Defendant was charged by indictment with armed robbery and pleaded not guilty. He then moved to suppress the use as evidence against him of a certain gun. A hearing was held and the motion was granted. The State then obtained leave to appeal.

The sole witness for the State at the suppression hearing was Detective Gourley of the Paterson Police Department. He testified that on a certain date, at 8:30...

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