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STATE v. MURPHY

148 N.J. Super. 542 (1977)

372 A.2d 1315

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. EDWARD MURPHY, DEFENDANT-RESPONDENT, AND ABRAHAM PRINS AND ROCCO A. SANTARSIERO, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 18, 1977.

Attorney(s) appearing for the Case

Mr. Steven L. Strelitz, Assistant Prosecutor, argued the cause for appellant (Mr. James T. O'Halloran, Hudson County Prosecutor, attorney).

Mr. Thomas A. Pavics, Assistant Deputy Public Defender, argued the cause for defendant Prins (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Robert M. Biagiotti argued the cause for defendant Santarsiero (Mr. Donald R. Conway, attorney).

Mr. Samuel R. DeLuca filed a statement in lieu of brief on behalf of defendant Murphy.

Before Judges HALPERN, ALLCORN and BOTTER.

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

Based upon information obtained through intercepted telephone conversations, defendants were indicted for conspiracy to violate the State's gambling laws. Thereafter, evidence against defendants, Edward Murphy, Abraham Prins and Rocco A. Santarsiero, which derived from the initial wiretap of telephones registered to Murphy's wife, Mary E. Murphy, was suppressed by the trial judge. This evidence had been obtained...

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