STATE v. GARCIA

A-47 September Term 2019 083568.

246 A.3d 204 (2021)

245 N.J. 412

STATE of New Jersey, Plaintiff-Respondent, v. Gabriel GARCIA, a/k/a Gabriel H. Garcia, Gabriel H. Chiriboga, Gabriel G. Chirboga, and Gabriel H. Garciachiriboga, Defendant-Appellant.

Supreme Court of New Jersey.

Decided March 10, 2021.


Attorney(s) appearing for the Case

Marcia Blum , Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney; Marcia Blum , of counsel and on the briefs).

Erin M. Campbell , Assistant Prosecutor, argued the cause for respondent ( Esther Suarez , Hudson County Prosecutor, attorney; Stephanie Davis Elson , Assistant Prosecutor, on the brief).

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

Dillon J. McGuire argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey ( Pashman Stein Walder Hayden , attorneys; CJ Griffin, of counsel and on the brief, and Dillon J. McGuire , Hackensack, on the brief).

Deborah Bartolomey , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Gurbir S. Grewal , Attorney General, attorney; Deborah Bartolomey , of counsel and on the brief).


The trial of defendant Gabriel Garcia presented two diametrically different accounts of what happened on Sip Avenue in Jersey City on September 11, 2016. The State's witnesses claimed that Raymond Urbanski approached defendant about the honking of his car's horn, and defendant, without provocation...

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