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STATE v. BELL

166 N.J. Super. 143 (1979)

399 A.2d 310

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. WILLIAM BELL, RALPH MILLER AND PATRICIA MILLER, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 7, 1979.

Attorney(s) appearing for the Case

Mr. James T. O'Halloran, Deputy Attorney General, argued the cause for appellant (Mr. John J. Degnan, Attorney General, attorney; Mr. John M. Polloway, Assistant Prosecutor, Monmouth County, on the brief).

Mr. Jerome M. Selvers argued the cause for respondent Bell (Messrs. Sonnenblick, Parker & Selvers, attorneys).

Mr. Joseph D. Youssouf argued the cause for respondent Ralph Miller (Messrs. Dawes, Gross & Youssouf, attorneys).

No brief was filed on behalf of respondent Patricia Miller.

Before Judges ALLCORN, SEIDMAN and BOTTER.

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

A warrant issued by the judge of the Municipal Court of Aberdeen Township for the search of premises situated in the Borough of Union Beach, the issuing judge not then being designated or authorized to officiate as acting judge of the Municipal Court of Union Beach, is outside the territorial jurisdiction and exceeds the authority of the issuing judge and, as such, is illegal and void. N.J.S.A. 2A...

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