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State v. Moore

Superior Court of New Jersey, Appellate Division

June 20, 2017

STATE OF NEW JERSEY, Plaintiff-Appellant,
v.
DOMINIQUE T. MOORE, Defendant-Respondent.

          Argued May 24, 2017

         On appeal from Superior Court of New Jersey, Law Division, Monmouth County, Complaint No. W-2017-000378-1303.

          Ian D. Brater, Assistant Prosecutor, argued the cause for appellant (Christopher J. Gramiccioni, Monmouth County Prosecutor, attorney; Mr. Brater, of counsel and on the brief).

          Elizabeth C. Jarit, Assistant Deputy Public Defender, argued the cause for amicus curiae Office of the Public Defender (Joseph E. Krakora, Public Defender, attorney; Ms. Jarit, of counsel and on the brief).

          Claudia Joy Demitro, Deputy Attorney General, argued the cause for amicus curiae Office of the Attorney General (Christopher S. Porrino, Attorney General, attorney; Ms. Demitro, of counsel and on the brief).

          Alexander Shalom argued the cause for amicus curiae American Civil Liberties Union of New Jersey (Mr. Shalom, Edward L. Barocas and Jeanne M. LoCicero, on the brief).

          Mark A. Bailey, attorney for respondent Dominique T. Moore, joins in the brief of amicus curiae Office of the Public Defender).

          Before Judges Accurso, Manahan and Lisa.

          OPINION

          MANAHAN, J.A.D.

         In this appeal, we address whether the Monmouth County Prosecutor's Office (MCPO)[1] must produce a completed Preliminary Law Enforcement Incident Report (PLEIR) when seeking pretrial detention of a defendant under the Bail Reform Act (Act), N.J.S.A. 2A:162-15 to -26. Consonant with our Supreme Court's decision in State v. Robinson, __ N.J. __ (2017), and for the reasons set forth herein, we conclude the production of a PLEIR is not mandatory under the Act, Rule 3:4-2(c)(1), or the Office of the Attorney General, Directive Establishing Interim Policies, Practices, and Procedures to Implement Criminal Justice Reform Pursuant to P.L. 2014, c. 31 (Oct. 11, 2016) (Directive).

         On March 9, 2017, following a four-year police investigation, a complaint-warrant was issued against defendant, Dominique Moore, charging him with first-degree murder, N.J.S.A. 2C:11-3a(1), and second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4a(1). The MCPO filed a motion for pretrial detention on March 10, 2017, and provided discovery to defendant,

including the complaint-warrant, the affidavit of probable cause, the Public Safety Assessment [(PSA)], five police reports, one arrest report, one fifteen-page CAD report, [fourteen] witness statements, five consent-to-search forms, a photo array packet, three grand jury transcripts, two search warrants, two Miranda[2] forms, an eight-page transcript of 911 recordings, seven DVDs containing surveillance videos, defendant's criminal history, defendant's video-recorded interview, and a photograph of the defendant.

         The MCPO also provided defendant a blank PLEIR.

         On March 13, 2017, defendant moved before a Law Division judge for an order to compel the MCPO to provide a completed PLEIR. Defendant's attorney provided a certification stating that he had attended a meeting on March 4, 2017, at which the Monmouth County Prosecutor advised the participants that he "intended to instruct police departments not to complete the PLEIR."[3] The ...


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