STATE v. FERGUSON

A-8/9 September Term 2018 081423.

207 A.3d 1253 (2019)

238 N.J. 78

STATE of New Jersey, Plaintiff-Appellant, v. Noel E. FERGUSON and Anthony M. Potts, Defendants-Respondents. State of New Jersey, Plaintiff-Respondent, v. Shameik Byrd, Defendant-Appellant.

Supreme Court of New Jersey.

Decided May 20, 2019.


Attorney(s) appearing for the Case

Sarah C. Hunt , Deputy Attorney General, argued the cause for the State of New Jersey ( Gurbir S. Grewal , Attorney General, attorney; Sarah C. Hunt , Trenton, of counsel and on the briefs).

Margaret McLane , Assistant Deputy Public Defender, argued the cause for Shameik Byrd ( Joseph E. Krakora , Public Defender, attorney; Margaret McLane and Kathryn A. Panaccione , Assistant Deputy Public Defender, of counsel and on the briefs).

Michael J. Montanari argued the cause for Anthony M. Potts (Del Sardo & Montanari, attorneys; Michael J. Montanari , Woodland Park, of counsel and on the briefs, and Jayna B. Patel , Woodland Park, on the briefs).

Brian J. Neary argued the cause for Noel E. Ferguson (Law Offices of Brian J. Neary, attorneys; Brian J. Neary, Hackensack, of counsel, and Jane M. Personette , on the briefs).

Alexander Shalom argued the cause for amicus curiae American Civil Liberties Union of New Jersey (American Civil Liberties Union of New Jersey Foundation and Rutgers Constitutional Rights Clinic Center for Law and Justice, attorneys; Alexander Shalom, Jeanne LoCicero , and Tess Borden , of counsel and on the brief, and Ronald K. Chen , Trenton, on the brief).


In a criminal prosecution, the State must have territorial jurisdiction to enforce its laws against a defendant. State v. Denofa, 187 N.J. 24, 36, 898 A.2d 523 (2006). Generally, the State can exercise territorial...

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