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STATE v. BURGOS

185 N.J. Super. 424 (1982)

449 A.2d 536

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CLEMENTE MERCADO BURGOS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 12, 1982.

Attorney(s) appearing for the Case

Stanley C. Van Ness, Public Defender of New Jersey, attorney for appellant (Randolph A. Newman, designated counsel, on the brief).

Irwin I. Kimmelman, Attorney General of New Jersey, attorney for respondent (Linda K. Calloway, Deputy Attorney General, of counsel and on the brief).

Before Judges BISCHOFF, KING and POLOW.

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

This case presents the issue of a criminal suspect's right of privacy in a narcotics stash maintained in open view on a public street. Defendant was found guilty by a jury of possession of cocaine with intent to distribute, N.J.S.A. 24:21-19 a(1), and sentenced to a prison term of four years. On this appeal he contends that the Law Division judge erred in denying his motion to suppress.

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