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State v. Cataldo

July 12, 1996

STATE OF NEW JERSEY, PLAINTIFF,
v.
ALFONSE T. CATALDO, DEFENDANT.



VICHNESS, J.s.c.

The opinion of the court was delivered by: VICHNESS

OPINION

VICHNESS, J.S.C.

Based upon stipulated facts, Lieutenant Michael Reheis of the Major Criminal Investigations Unit of the Essex County Prosecutor's Office appeared before a Judge of the Superior Court on May 3, 1995. At that time, Lieutenant Reheis submitted an affidavit to the Judge in support of his application for seven search warrants (the affidavit was marked J-1 at the motion to suppress hearing).

In his affidavit, Lieutenant Reheis stated that he had received information from one reliable informant on Friday, March 31, 1995, and from a second reliable informant on Tuesday, April 4, 1995. Both informants told Lieutenant Reheis that defendant, Alfonse "Tic" Cataldo, was operating a large-scale lottery operation throughout Essex County. The second informant also told Lieutenant Reheis that defendant drove a red Honda, registration number GK252A, from which he conducted his illegal lottery operation. According to the New Jersey Division of Motor Vehicles, the Honda was registered in the name of American Honda Finance Corporation.

Lieutenant Reheis used the information that he had obtained as the basis for establishing a surveillance of defendant. Based on what he observed, what the informants had told him, and on his own experience, Lieutenant Reheis concluded that defendant was involved in promoting an illegal gambling operation out of several establishments in Essex County and was using the red Honda to facilitate his activities.

At the Conclusion of his affidavit, Lieutenant Reheis requested that the Judge issue seven search warrants. At issue are the warrants for the following search locations:

Sonny's Cleaners, 46 Pacific Street, Newark, New Jersey

DESCRIPTION OF PREMISES: Two story brick and siding building located at the Northeast corner of the intersection of Pacific Street and Warwick Street. Yellow hanging lighted sign with words "SONNY'S CLEANERS" just above front door. Front door is glass and faces Pacific Street. Large picture windows facing Pacific Street.

and

1995 Honda - Red - 4 Door

N.J. Registration GK 252 A

and any persons found therein

After considering Lieutenant Reheis' affidavit and testimony, the Judge signed all of the warrants (the warrants were marked J-2(a) through J-2(g) at the motion to suppress hearing). Both sides stipulated that probable ...


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