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STATE v. CIRILLO

146 N.J. Super. 577 (1977)

370 A.2d 492

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANTHONY J. CIRILLO, a/k/a "33," MICHAEL J. LUKACH, a/k/a "5" AND "MICKEY," 333 CLUB, INCORPORATED, MYLES GALL, a/k/a MYLES GAUL, "SONNY" AND "JACK," MARY BABULA, FRANK L. PELUSO, a/k/a "THE SHERIFF," EUGENE ABALSAMO, a/k/a "GENE," AND NICOLA CATALDI, a/k/a "NICKEY," DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 18, 1977.

Attorney(s) appearing for the Case

Mr. Samuel DeLuca, attorney for appellants Anthony J. Cirillo, Michael J. Lukach, and The 333 Club, Inc.; Mr. Dennis McAlevy, attorney for appellant Myles Gall; Mr. Marshall Wofsy, attorney for appellant Mary Babula; Mr. Edward Zampella, attorney for appellant Frank L. Peluso; Mr. Arthur J. Abrams, attorney for appellant Eugene Abalsamo; Mr. Donald R. Conway, attorney for appellant Nicola Cataldi (Mr. Robert M. Biagiotti on the brief).

Mr. Joseph C. Woodcock, Jr., Prosecutor of Bergen County, attorney for respondent (Mr. J. Dennis Kohler, Assistant Prosecutor, on the brief).

Before Judges HALPERN, BOTTER and KOLOVSKY.

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

With leave of court, defendants appeal from an order denying their motions to suppress evidence obtained as a result of telephone communications intercepted under wiretap orders purportedly entered in compliance with N.J.S.A. 2A:156A-1 et seq., the New Jersey Wiretapping and Electronic Surveillance Control Act. Defendants contend that the orders authorizing the wiretaps signed by Assignment Judge...

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