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STATE v. NIEVES

DOCKET NO. A-3379-21.

300 A.3d 291 (2023)

476 N.J. Super. 405

STATE of New Jersey, Plaintiff-Respondent, v. Tyshon M. NIEVES, a/k/a Tyshon Nieves, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided August 9, 2023.

Attorney(s) appearing for the Case

Margaret Ruth McLane , Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney; Margaret Ruth McLane, of counsel and on the brief).

Boris Moczula , Deputy Attorney General, argued the cause for respondent ( Matthew J. Platkin , Attorney General, attorney; Boris Moczula, of counsel and on the brief).

Before Judges Accurso, Vernoia and Natali.

The opinion of the court was delivered by

In this matter we determine whether law enforcement officers executing a knock-and-announce search warrant on a residence in the early morning hours violated defendant Tyshon M. Nieves's constitutional rights by failing to wait a reasonable time after knocking and announcing their...

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