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STATE v. SKIDMORE

253 N.J. Super. 227 (1992)

601 A.2d 729

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DAN ALFRED SKIDMORE AND WILLIAM THOMAS SKIDMORE, DEFENDANTS-RESPONDENTS. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. SAMUEL OSCAR POFF, IV, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 17, 1992.

Attorney(s) appearing for the Case

W. Michael Murphy, Jr., Morris County Prosecutor, attorney for appellant (Joseph Connor, Jr., Assistant Prosecutor, on the letter brief).

Wilfredo Caraballo, Public Defender, attorney for respondents Dan Alfred Skidmore and Samuel Oscar Poff, IV (David L. Kervick, Assistant Deputy Public Defender, on the brief).

Wilfredo Caraballo, Public Defender, attorney for respondent William Thomas Skidmore (Alfred V. Gellene, Assistant Deputy Public Defender, on the brief).

Before Judges O'BRIEN, HAVEY and CONLEY.

The opinion of the court was delivered by O'BRIEN, J.A.D.

Since the issue in both of these cases is the same, they are consolidated for the purpose of this opinion. In each case the State appeals from the dismissal of an indictment charging defendants with possession of a controlled dangerous substance (CDS).1 We reverse.

In each case the police officers obtained a search warrant based in part upon the fruits of a search and seizure...

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