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State v. Flower

New Jersey Superior Court, Appellate Division


Decided: February 18, 1988.

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
FRANK A. FLOWER, DEFENDANT-RESPONDENT

On appeal from the Superior Court of New Jersey, Law Division, Somerset County, reported at 224 N.J. Super. 208 (Law Div.1987).

Michels, Shebell and Gaynor.

Per Curiam

[224 NJSuper Page 90] The order of the Law Division that suppressed the statements of defendant Frank A. Flower to investigators from the Somerset County Prosecutor's Office and to a caseworker from the Division of Youth and Family Services is affirmed substantially for the reasons expressed by Judge Imbriani in his written opinion of April 30, 1987, which is reported as State v. Flower, 224 N.J. Super. 208 (Law Div.1987). The trial court's

[224 NJSuper Page 91]

decision that Miranda applied where, as here, the Division of Youth and Family Services caseworker conducted a custodial interview of defendant concerning charges of aggravated sexual assault is consistent with the principles discussed in our decision filed today in State v. Helewa, 223 N.J. Super. 40 (App.Div.1988).

Affirmed.

19880218


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