STATE v. DESIR

A-43 September Term 2019 083584.

244 A.3d 737 (2021)

245 N.J. 179

STATE of New Jersey, Plaintiff-Appellant, v. Herby V. DESIR, a/k/a Johnathan Desir, Defendant-Respondent.

Supreme Court of New Jersey.

Decided February 9, 2021.


Attorney(s) appearing for the Case

Steven A. Yomtov , Deputy Attorney General, argued the cause for appellant ( Gurbir S. Grewal , Attorney General, attorney; Steven A. Yomtov , of counsel and on the briefs).

Alicia J. Hubbard , Assistant Deputy Public Defender, argued the cause for respondent ( Joseph E. Krakora , Public Defender, attorney; Alicia J. Hubbard , of counsel and on the briefs).

Patrick F. Galdieri, II , Assistant Middlesex County Prosecutor, argued the cause for amicus curiae County Prosecutors Association of New Jersey ( Angelo J. Onofri , Mercer County Prosecutor, President, attorney; Patrick F. Galdieri, II , of counsel and on the brief).

Elyla Huertas argued the cause for amicus curiae American Civil Liberties Union of New Jersey (American Civil Liberties Union of New Jersey Foundation, attorneys; Elyla Huertas , Alexander Shalom , and Jeanne LoCicero , on the brief).


A confidential informant (CI) made a controlled purchase of narcotics from defendant. That purchase formed the probable cause for issuance of a search warrant for defendant's home. Execution of the search warrant led to charges against defendant for multiple drug and weapons offenses. Defendant...

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