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STATE v. LIST

166 N.J. Super. 368 (1979)

399 A.2d 1040

THE STATE OF NEW JERSEY, PLAINTIFF, v. THEODORE LIST AND ROBERT MARRUCCA, DEFENDANTS.

Superior Court of New Jersey, Law Division (Criminal).

Decided February 26, 1979.

Attorney(s) appearing for the Case

Mr. Marc F. Stuart for defendant List.

Mr. Joseph Hillman for defendant Marrucca (Messrs. Hillman, Badach & Sullivan, attorneys).

Mr. Barth Aaron for the State (Mr. Alexander D. Lehrer, Prosecutor of Monmouth County, attorney).

SHEBELL, J.S.C.

Defendants seek to suppress as evidence against them certain controlled dangerous substances which they, together with the owner-operator of the vehicle, jointly owned and possessed. The owner-operator is a codefendant in the indictment; however, he has failed to move to suppress within the time permitted under R. 3:5-7(a). The moving defendants were or had been passengers in a van which was parked when local police officers on routine patrol...

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