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STATE v. BATES

202 N.J. Super. 416 (1985)

495 A.2d 422

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JOHN ELBERT BATES, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 17, 1985.

Attorney(s) appearing for the Case

Thomas K. Isenhour, Assistant Prosecutor, argued the cause for appellant (John H. Stamler, Union County Prosecutor, attorney; Thomas K. Isenhour, of counsel and on the letter brief).

Donald A. DiGioia argued the cause for respondent.

Before Judges MICHELS, PETRELLA and BAIME.

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

Pursuant to leave granted by this court, the State appeals from an order of the Law Division which granted the motion of defendant John Elbert Bates to suppress evidence seized following his arrest.

Defendant was indicted by the Union County Grand Jury and charged with burglary in violation of N.J.S.A. 2C:18-2 and theft of movable property having a value in excess of $200 in violation of

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