STATE OF NEW JERSEY VS. DEANDRE PARKER (16-04-1096 AND 16-04-1097, ESSEX COUNTY AND STATEWIDE) (A-2026-17T2)
Defendant is charged with second degree unlawful possession of a handgun and related charges. The trial court granted defendant's motion to suppress the physical evidence without conducting an evidentiary hearing or considering oral argument from counsel. This court granted the State's motion for leave to appeal and now reverses the trial court's ruling. Pursuant to Rule 3:5-7(c), "[i]f material facts are disputed, testimony thereon shall be taken in open court." When the material facts are contested, the parties must be given the opportunity to probe the veracity of the State's witnesses.
