STATE v. SMITH


306 N.J. Super. 370 (1997)

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BRIAN K. SMITH, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAMES N. THOMPSON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 8, 1997.


Attorney(s) appearing for the Case

Vincent W. Basile argued the cause for appellant Brian Smith (Flood & Basile, attorneys; Mr. Basile on the brief).

Brian J. Neary argued the cause for appellant James Thompson (Law Offices of Brian J. Neary, attorneys; Mr. Neary, of counsel and on the brief; Yung-MI Lee on the brief).

Christine M. D'Elia argued the cause for respondent (Peter Verniero, Attorney General, attorney; Ms. D'Elia, of counsel and on the brief).

Before Judges HAVEY, NEWMAN and COLLESTER.


The opinion of the court was delivered by COLLESTER, J.S.C. (temporarily assigned).

In these appeals, consolidated for purposes of this opinion, defendants urge the following arguments on appeal:

I. The trial court erred in denying the motion for discovery under State v. Kennedy. II. The trial court erred in denying the defendants' motion to suppress physical evidence and statements. III. The trial court should have enforced the...

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