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STATE v. SULLIVAN

244 N.J. Super. 357 (1990)

582 A.2d 835

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. FRANCIS SULLIVAN, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 20, 1990.

Attorney(s) appearing for the Case

Richard C. Szuch, Assistant Prosecutor, argued the cause for appellant (W. Michael Murphy, Jr., Morris County Prosecutor, attorney).

Peter N. Gilbreth argued the cause for respondent Francis Sullivan (Stephen S. Weinstein, attorney).

Clifford J. Weininger argued the cause for respondents Herman Wertheim and Charles Palma (Robert M. Zaleski, on the brief).

R. Gregory Leonard argued the cause for respondent William Jenkins (Leonard & Butler, attorneys; John R. Scott, on the brief).

Chiarolanza & DeAngelis, attorneys for respondent Charles Palma.

Herbert M. Korn, attorney for defendants Donna Sutton (Wolsky) and Robert Wolsky.

Before Judges GAULKIN, SHEBELL and HAVEY.

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

The State appeals by leave granted (R. 2:2-4) from an order suppressing certain "wiretap tapes, logs and evidence derived therefrom." The questions raised are (1) whether section 14 of the New Jersey Wiretapping and Electronic Surveillance Control Act (N.J.S.A. 2A:156A-1 et seq.) was violated when the State failed to record 62 calls intercepted...

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