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STATE v. CLARK

785 A.2d 59 (2001)

345 N.J. Super. 349

STATE of New Jersey, Plaintiff-Respondent, v. Reginald CLARK, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided November 28, 2001.

Attorney(s) appearing for the Case

Kevin G. Byrnes, Designated Counsel, argued the cause for appellant (Peter A. Garcia, Acting Public Defender, attorney; Mr. Byrnes, of counsel and on the brief).

Jordana Jakubovic, Deputy Attorney General, argued the cause for respondent (John J. Farmer, Jr., Attorney General, attorney; Ms. Jakubovic, of counsel and on the brief).

Before Judges STERN, LINTNER and PARKER.

The opinion of the court was delivered by STERN, P.J.A.D.

We hold that, under the totality of circumstances presented by this case as hereinafter detailed, defendant may pursue his claim of "racial profiling" on a petition for post-conviction relief ("PCR"). Accordingly, we remand to the judge designated by the Supreme Court to consider applications regarding discovery in "racial profiling" cases involving the New Jersey State Police, to consider the defendant's request...

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