State v. Herby V. Desir (083584)(Union County & Statewide) (A-43-19; 083584)
A defendant seeking discovery in connection with a Franks hearing may -- in the trial court’s discretion and on showing a plausible justification that casts reasonable doubt on the veracity of the affidavit -- be entitled to limited discovery described with particularity that is material to the determination of probable cause. The Court affirms and modifies the Appellate Division’s judgment and remands to the trial court for consideration under the standard adopted in this decision.
