State v. Franklin

The opinion of the court was delivered by

LISA, J.A.D.

By leave granted, the State appeals from a pretrial order allowing defendant to present evidence at trial of prior police misconduct in support of his defense of planted evidence or fabricated charges. We now reverse.

Defendant is the subject of an indictment charging him with: (1) third-degree distribution of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-5b(3); (2) second-degree distribution of a CDS within 500 feet of a public park, N.J.S.A. 2C:35-7.1; and (3) third-degree maintaining a fortified structure for CDS purposes,…