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STATE v. CARVAJAL

A-5 September Term 2009.

996 A.2d 1029 (2010)

202 N.J. 214

STATE of New Jersey, Plaintiff-Respondent, v. Pablo CARVAJAL, Defendant-Appellant.

Supreme Court of New Jersey.

Decided June 2, 2010.

Attorney(s) appearing for the Case

George T. Taite, Jersey City, argued the cause for appellant (DeLuca & Taite, attorneys; Mr. Taite and Samuel R. DeLuca, on the briefs).

Frank J. Ducoat, Deputy Attorney General, argued the cause for respondent (Anne Milgram, Attorney General of New Jersey, attorney).

Justice ALBIN delivered the opinion of the Court.

In State v. Johnson, 193 N.J. 528, 548-49, 940 A.2d 1185 (2008), we held that a criminal defendant has no standing to challenge the search or seizure of "abandoned" property. In this appeal, we apply and adapt the standards enunciated in Johnson to the case of an unclaimed duffel bag left on a bus.

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