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STATE v. BYNUM

259 N.J. Super. 417 (1992)

614 A.2d 156

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. WILLIAM BYNUM, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 5, 1992.

Attorney(s) appearing for the Case

Virginia M. Lincoln, Assistant Essex County Prosecutor, argued the cause for appellant (James F. Mulvihill, Acting Prosecutor, attorney; Virginia M. Lincoln of counsel and on the letter-brief).

Robert L. Sloan, Assistant Deputy Public Defender, argued the cause for respondent (Zulima V. Farber, Public Defender, attorney; Robert L. Sloan of counsel and on the letter-brief).

Before Judges MICHELS, BAIME and WALLACE.

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

The Law Division dismissed defendant's indictment after granting his motion to suppress evidence. The State appeals, contending that the court erred by (1) excluding hearsay evidence at the suppression hearing, and (2) finding that the police acted unlawfully in seizing defendant's person. We reverse the order granting defendant's motion to suppress and reinstate the indictment.

On August 31, 1990, Detective...

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