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STATE v. CUELLAR

216 N.J. Super. 249 (1986)

523 A.2d 662

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MARLON S. CUELLAR AND CARLOS A. MEDINA, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 23, 1986.

Attorney(s) appearing for the Case

Steven J. Kaflowitz, Assistant Prosecutor, argued the cause for appellant (John H. Stamler, Union County Prosecutor, attorney; Raymond J. Zeltner, Assistant Prosecutor, of counsel and on the letter brief).

Joseph Spagnoli argued the cause for respondent Marlon S. Cuellar (Spagnoli & Thuring, attorneys; Rodney W. Bryson of the Bar of Florida, admitted pro hac vice).

Francis X. Hermes argued the cause for respondent Carlos A. Medina (H. Frank Rubio of the Bar of Florida, admitted pro hac vice).

Before Judges ANTELL and LONG.

PER CURIAM.

This is an appeal by the State from the trial judge's order granting a motion to suppress filed on behalf of defendants, Marlon S. Cuellar and Carlos A. Medina. The State claims that:

Point I — The stop of the vehicle was proper. Point II — The observation of the switchblade knife was made in plain view. Point III — The search of the vehicle was proper.

We disagree and affirm substantially for...

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