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STATE v. HERRERRA

No. A-121 September Term 2010.

48 A.3d 1009 (2012)

211 N.J. 308

STATE of New Jersey, Plaintiff-Appellant, v. Alfonso HERRERRA, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Nelson Gonzalez, Defendant-Respondent.

Supreme Court of New Jersey.

Decided August 7, 2012.

Attorney(s) appearing for the Case

Paul H. Heinzel, Deputy Attorney General, argued the cause for appellant (Jeffrey S. Chiesa, Attorney General of New Jersey, attorney).

Ruth Bove Carlucci, Assistant Deputy Public Defender, argued the cause for respondents (Joseph E. Krakora, Public Defender, attorney; Ms. Carlucci, Steven M. Gilson, Designated Counsel and Philip V. Largo, Designated Counsel, on the briefs).

Chief Justice RABNER delivered the opinion of the Court.

In this case, we must decide whether defendants are entitled to racial profiling discovery to challenge their convictions for attempted murder. The convictions relate to defendants' attack on a law enforcement officer after a motor vehicle stop.

According to the evidence at trial, a New Jersey State Trooper stopped two Hispanic men for speeding on the New Jersey Turnpike in 1992. As the officer questioned...

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