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State v. Kuznitz

Decided: March 3, 1969.

THE STATE OF NEW JERSEY,
v.
MICHAEL KUZNITZ, DEFENDANT



On motion to suppress.

Fulop, J.s.c. (temporarily assigned).

Fulop

[105 NJSuper Page 34] Defendant moves to suppress evidence seized under a warrant issued out of the Union County Court.

The evidence sought to be suppressed was seized in Apartment 2-D, 30 East Elm Street, and in defendant's home at 353 Miltonia Street, both in Linden, New Jersey. The warrant also permitted the search of three cars registered in the name Edna Kuznitz, 353 Miltonia Street, Linden, New Jersey, two of which were seen in use by defendant in travelling a few blocks from his home to the apartment. It appeared at the oral argument that nothing of evidential value was found or seized in any of the automobiles. Part of the items seized were taken at the apartment and part in the house on Miltonia Street.

Defendant Michael Kuznitz has been indicted for bookmaking and maintaining a gambling resort at Apartment 2-D, 30 East Elm Street, Linden, New Jersey.

The affidavit of Union County Prosecutor's Detective E. H. Haines, upon the basis of which the search warrant was issued, recites his qualifications as an expert in the detection of gambling law violations. It states that defendant was convicted for bookmaking in Linden in 1953 and again in 1963. General information that Kuznitz had resumed operations came to the attention of Haines followed by specific information from a known reliable informant to the chief of county detectives on October 31, 1967 that Kuznitz was taking sports bets and some details of his practice. On November 10, 1967 the same informant stated that Kuznitz was using a white car with plates numbered 427 when making his rounds for collections and pay-offs.

Haines ascertained from the Division of Motor Vehicles that a white Buick bearing registration IAU-427, and a black Rambler bearing registration EVK-356, were registered in the name of Edna Kuznitz, 353 Miltonia Street, Linden, New Jersey, defendant's home. The detective observed these two cars parked at that address.

On Sunday, May 5, 1968, beginning at 10:30 A.M., Haines watched defendant's home. At 11:15 A.M. defendant came out and left in the Rambler. He went one block, parked, got out, looked around the area, walked hurriedly

into a three-car garage at 308 Miltonia Street, and got into a gray Chrysler later discovered to be registered in the name of Edna Kuznitz at defendant's home address. He drove to a store, bought a newspaper, drove to 30 East Elm Street and entered the apartment house at that address at 11:25 A.M. This conduct fitted with information received from the informant as to defendant's practice.

On May 7, 1968 Haines watched 30 Elm Street and at 5:30 P.M. saw defendant arrive in the gray Chrysler, park and enter the apartment house. He watched defendant go up the stairway to the second floor and enter the center apartment on the left. At 6:15 P.M. on the same day Haines returned to the apartment building and found that the apartment Kuznitz had entered bore number 2-D and the name "Mrs. Emma Grey." While in the hall he overheard a loud male voice in the apartment apparently taking telephone calls, receiving bets on sporting events, and giving out the odds on baseball games to be played that evening. At 8:10 P.M. defendant left the apartment house and returned to his home in the gray Chrysler.

On May 9 the search warrant was applied for and issued by Judge DeVita. It was executed at ...


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