STATE IN INTEREST OF E.S.

A-41/42 September Term 2021 086554.

285 A.3d 294 (2022)

252 N.J. 331

STATE IN the INTEREST OF E.S., a juvenile.

Supreme Court of New Jersey.

Decided November 22, 2022.


Attorney(s) appearing for the Case

Michael Denny , Assistant Deputy Public Defender, argued the cause for appellant/cross-respondent E.S. ( Joseph E. Krakora , Public Defender, attorney; Michael Denny , of counsel and on the briefs).

Milton S. Leibowitz , Assistant Prosecutor, argued the cause for respondent/cross-appellant State of New Jersey ( William A. Daniel , Union County Prosecutor, attorney; Milton S. Leibowitz , of counsel and on the briefs).

Adam D. Klein , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Matthew J. Platkin , Attorney General, attorney; Adam D. Klein , of counsel and on the brief).

Kristina Kersey argued the cause for amici curiae Rutgers Criminal and Youth Justice Clinic, the Gault Center, and the Association of Criminal Defense Lawyers of New Jersey (Rutgers Criminal and Youth Justice Clinic, the Gault Center, and Jardim, Meisner & Susser, attorneys; Kristina Kersey , Laura Cohen , and Michael V. Gilberti , on the brief).

Anthony V. Pierro , Chief Juvenile Attorney, Ocean County Prosecutor's Office, argued the cause for amicus curiae New Jersey Juvenile Prosecutors Leadership Network (New Jersey Juvenile Prosecutors Leadership Network, attorneys; Anthony V. Pierro , of counsel and on the brief, Lisa Ledoux , Assistant Hudson County Prosecutor, Anthony Higgins , Special Deputy Attorney General/Acting Essex County Prosecutor, Jennifer Moran , Assistant Mercer County Prosecutor, Jason Harding , Assistant Passaic County Prosecutor, and Kelly Shelton , Assistant Warren County Prosecutor, on the brief).


In March 2021, defendant E.S. was arrested and charged as a juvenile with weapons and other offenses that would constitute indictable offenses if committed by an adult. Defense counsel moved to suppress the gun seized from defendant at the time of his arrest. Two weeks later, the State moved to...

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