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STATE v. GRATE

A-47, A-48 September Term 2013, 072750

106 A.3d 466 (2015)

220 N.J. 317

STATE of New Jersey, Plaintiff-Respondent, v. James GRATE, Defendant-Appellant. State of New Jersey, Plaintiff-Respondent, v. Fuquan Cromwell, (a/k/a Fuguan Cromwell, Fuquan A. Cromwell, Samaad Cromwell, Samad Cromwell, Samaad Lather, Samadd N. J.L., Samaad N. Lather), Defendant-Appellant.

Supreme Court of New Jersey.

Decided January 15, 2015.

Attorney(s) appearing for the Case

Joshua D. Sanders , Assistant Deputy Public Defender, argued the cause for appellant Fuquan Cromwell ( Joseph E. Krakora , Public Defender, attorney).

Al Glimis , Assistant Deputy Public Defender, argued the cause for appellant James Grate ( Joseph E. Krakora , Public Defender, attorney; Mr. Glimis and Kevin G. Byrnes , Designated Counsel, on the briefs).

John K. McNamara, Jr. , Assistant Prosecutor/Special Deputy Attorney General, argued the cause for respondent ( Fredric M. Knapp , Morris County Prosecutor, attorney; Mr. McNamara and Erin Smith Wisloff , Assistant Prosecutor/Special Deputy Attorney General, on the brief).

Jeffrey S. Mandel , Manalapan, argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey ( Cutolo Mandel , attorneys; Mr. Mandel and Andrew Stein , on the brief).

Alexander R. Shalom argued the cause for amicus curiae American Civil Liberties Union of New Jersey ( Edward L. Barocas , Legal Director, attorney).

Jennifer E. Kmieciak , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( John J. Hoffman , Acting Attorney General, attorney).

Following an attempted robbery of an acquaintance, defendants Fuquan Cromwell and James Grate were stopped by police officers on the campus of Drew University. The officers discovered a gun under the driver's seat of the acquaintance's car within reach of defendants. Defendants were arrested and...

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