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STATE v. CARMEL

169 N.J. Super. 370 (1979)

404 A.2d 1227

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH CARMEL, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 3, 1979.

Attorney(s) appearing for the Case

Mr. Gary D. Gordon argued the cause for appellant (Mr. Gary D. Gordon, Associate Staff Counsel, American Civil Liberities Union, and Mr. Richard H. Insley, attorneys).

Mr. Ihor Rakowsky, Assistant Prosecutor, argued the cause for respondent (Mr. Roger W. Breslin, Jr., Bergen County Prosecutor, attorney; Mr. H. Carleton Clinch, Assistant Bergen County Prosecutor, on the brief).

Before Judges MATTHEWS, KOLE and MILMED.

PER CURIAM.

Defendant Joseph Carmel appeals from an interlocutory order denying his motion to suppress material taken from his store.

Defendant was arrested in his stationery and bookstore on February 14, 1978. He was charged with violation of N.J.S.A. 2A:115-2 in that he did "utter, or possess with intent to utter or expose obscene and indecent books, magazines and films as defined by statute." He was also charged with violation of N.J.S.A....

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