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STATE v. JENKINS

221 N.J. Super. 286 (1987)

534 A.2d 421

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. WILLIE JENKINS, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 25, 1987.

Attorney(s) appearing for the Case

John S. Redden, Deputy First Assistant Prosecutor, argued the cause for appellant (Herbert H. Tate, Jr., Essex County Prosecutor, attorney; John S. Redden of counsel and on the brief).

Jack M. Sabatino argued the cause for respondent (Robinson, Wayne, Levin, Riccio and La Sala, attorneys; Jack M. Sabatino, Kevin H. Marino and Timothy M. Donohue, on the brief).

Before Judges J.H. COLEMAN and HAVEY.

The opinion of the court was delivered by COLEMAN, J.H., P.J.A.D.

The core question presented in this appeal is whether the defendant can now challenge, in a petition for post-conviction relief, the admissibility of evidence presented at trial on Fourth Amendment grounds. We granted the State leave to appeal an order dated June 10, 1987 which granted defendant an evidentiary hearing to determine (1) if there was a valid arrest warrant in defendant's name on September...

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