Opinion
088067
12-13-2023
STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JERRY ROSADO, DEFENDANT-RESPONDENT.
Gretchen A. Pickering, Deputy First Assistant Prosecutor, argued the cause for appellant (Jeffrey H. Sutherland, Cape May County Prosecutor, attorney; Gretchen A. Pickering, of counsel and on the briefs). Morgan A. Birck, Assistant Deputy Public Defender, argued the cause for respondent (Joseph E. Krakora, Public Defender, attorney; Morgan A. Birck and Eric R. Shenkus, Deputy Public Defender, of counsel and on the briefs). Richard D. Pompelio argued the cause for amicus curiae New Jersey Crime Victims’ Law Center (New Jersey Crime Victims’ Law Center, attorneys; Richard D. Pompelio, of counsel and on the brief). Alexander Shalom argued the cause for amicus curiae American Civil Liberties Union of New Jersey (American Civil Liberties Union of New Jersey Foundation, attorneys; Alexander Shalom and Jeanne LoCicero, on the brief). Jhanice Domingo argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Pashman Stein Walder Hayden, attorneys; CJ Griffin and Zachary Levy, on the brief).
On certification to the Superior Court, Appellate Division, whose opinion is reported at 475 N.J. Super. 266 (App. Div. 2023).
Gretchen A. Pickering, Deputy First Assistant Prosecutor, argued the cause for appellant (Jeffrey H. Sutherland, Cape May County Prosecutor, attorney; Gretchen A. Pickering, of counsel and on the briefs).
Morgan A. Birck, Assistant Deputy Public Defender, argued the cause for respondent (Joseph E. Krakora, Public Defender, attorney; Morgan A. Birck and Eric R. Shenkus, Deputy Public Defender, of counsel and on the briefs).
Richard D. Pompelio argued the cause for amicus curiae New Jersey Crime Victims’ Law Center (New Jersey Crime Victims’ Law Center, attorneys; Richard D. Pompelio, of counsel and on the brief).
Alexander Shalom argued the cause for amicus curiae American Civil Liberties Union of New Jersey (American Civil Liberties Union of New Jersey Foundation, attorneys; Alexander Shalom and Jeanne LoCicero, on the brief).
Jhanice Domingo argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Pashman Stein Walder Hayden, attorneys; CJ Griffin and Zachary Levy, on the brief).
PER CURIAM
The judgment of the Superior Court, Appellate Division is affirmed substantially for the reasons expressed in Judge Gilson’s opinion, reported at 475 N.J. Super. 266, 292 A.3d 522 (App. Div. 2023). CHIEF JUSTICE RABNER and JUSTICES PATTERSON, SOLOMON, PIERRE-LOUIS, WAINER APTER, and NORIEGA join in this opinion. JUSTICE FASCIALE did not participate.