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STATE v. ARMSTRONG

DOCKET NO. A-2102-17T2.

233 A.3d 610 (2020)

463 N.J. Super. 576

STATE of New Jersey, Plaintiff-Respondent, v. Marquis ARMSTRONG, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 2, 2020.

Attorney(s) appearing for the Case

Zachary Gilbert Markarian , Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney; Michael Timothy Denny , Assistant Deputy Public Defender, of counsel and on the briefs; Zachary Gilbert Markarian , on the briefs).

Adam David Klein , Deputy Attorney General, argued the cause for respondent ( Gurbir S. Grewal , Attorney General, attorney; Adam David Klein , of counsel and on the briefs).

Before Judges Messano, Ostrer and Susswein.

The opinion of the court was delivered by

An Essex County grand jury indicted defendant Marquis Armstrong for the September 4, 2014 murder of Rhasan Heath. Defendant filed a pre-trial motion to suppress "evidence seized without a communications data warrant [(CDW)]." At issue were text messages defendant sent to Nache DeWitt...

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