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STATE v. DESIR

A-43 September Term 2019 083584.

244 A.3d 737 (2021)

245 N.J. 179

STATE of New Jersey, Plaintiff-Appellant, v. Herby V. DESIR, a/k/a Johnathan Desir, Defendant-Respondent.

Supreme Court of New Jersey.

Decided February 9, 2021.

Attorney(s) appearing for the Case

Steven A. Yomtov, Deputy Attorney General, argued the cause for appellant (Gurbir S. Grewal, Attorney General, attorney; Steven A. Yomtov, of counsel and on the briefs).

Alicia J. Hubbard, Assistant Deputy Public Defender, argued the cause for respondent (Joseph E. Krakora, Public Defender, attorney; Alicia J. Hubbard, of counsel and on the briefs).

Patrick F. Galdieri, II, Assistant Middlesex County Prosecutor, argued the cause for amicus curiae County Prosecutors Association of New Jersey (Angelo J. Onofri, Mercer County Prosecutor, President, attorney; Patrick F. Galdieri, II, of counsel and on the brief).

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

A confidential informant (CI) made a controlled purchase of narcotics from defendant. That purchase formed the probable cause for issuance of a search warrant for defendant's home. Execution of the search warrant led to charges against defendant for multiple drug and weapons offenses. Defendant...

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