STATE v. ARTEAGA

DOCKET NO. A-3078-21.

296 A.3d 542 (2023)

476 N.J. Super. 36

STATE of New Jersey, Plaintiff-Respondent, v. Francisco ARTEAGA, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 7, 2023.


Attorney(s) appearing for the Case

Tamar Y. Lerer , Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney; Tamar Y. Lerer and Elizabeth C. Jarit , Deputy Public Defender, of counsel and on the briefs).

Patrick Galdieri , Assistant Prosecutor, argued the cause for respondent ( Esther Suarez , Hudson County Prosecutor, attorney; Kevin Robert Sipe , Assistant Prosecutor, on the brief).

American Civil Liberties Union of New Jersey Foundation, Tania Brief (Innocence Project, Inc.) of the New York bar, admitted pro hac vice, Anton Robinson (Innocence Project, Inc.) of the New York bar, admitted pro hac vice, Somil Trivedi (American Civil Liberties Union Foundation) of the District of Columbia bar, admitted pro hac vice, and Nathan Freed Wessler (American Civil Liberties Union Foundation) of the Massachusetts and New York bars, admitted pro hac vice, attorneys for amicus curiae American Civil Liberties Union, American Civil Liberties Union of New Jersey and Innocence Project (Alexander Shalom, Jeanne LoCicero, Molly Linhorst, Dillon Reisman, Tania Brief, Anton Robinson, Somil Trivedi, and Nathan Freed Wessler, on the brief).

Pashman Stein Walder Hayden, Jacob Wiener (Electronic Privacy Information Center) of the District of Columbia bar, admitted pro hac vice, Jennifer Lynch (Electronic Frontier Foundation) of the California bar, admitted pro hac vice, Hannah Zhao (Electronic Frontier Foundation) of the New York bar, admitted pro hac vice, and Clare Garve (National Association of Criminal Defense Lawyers) of the New York bar, admitted pro hac vice, attorneys for amicus curiae Electronic Privacy Information Center, Electronic Frontier Foundation and National Association of Criminal Defense Lawyers (Christopher J. Frascella, Jacob Wiener, Jennifer Lynch, Hannah Zhao, Alan Silber, and Clare Garvie, on the brief).

Before Judges Whipple, Mawla, and Walcott-Henderson.


The opinion of the court was delivered by

We granted defendant Francisco Arteaga leave to appeal from a May 13, 2022 order, denying his motion to compel the State to provide discovery related to the facial recognition technology (FRT) used to develop a picture of him, which was then used to identify and charge him. We reverse...

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