Supreme Court of New Jersey

State of New Jersey, Plaintiff-Respondent v. Edgardo Gonzalez, Defendant-Appellant

December 6, 197775 N.J. 181

Summary

The Supreme Court of New Jersey held that collateral estoppel may preclude the State from relitigating the validity of a search against a co‑defendant who was not a party to the earlier suppression proceeding, reversing the Appellate Division's affirmation of the pistol conviction and remanding for entry of a suppression order. The Court adopted a rule requiring joinder of all co‑defendant suppression motions in a single hearing. Justice Mountain's concurrence agreed with the majority and emphasized the abandonment of the strict mutuality rule. Justice Mountain's concurrence was noted in the summary.