In State v. Williamson, 335 N.J. Super. 544, 763 A.2d 285 (App.Div.2000), the Court permitted a defendant to raise an issue of racial profiling by motion for new trial "while his direct appeal was pending," where defendant had raised issues "during a pretrial motion to suppress sufficient to establish a colorable basis for a claim of selective enforcement." Id. at 545, 763 A.2d 285. The Court ruled that "since this case was still subject to direct appeal at the time defendant raised his claim of selective enforcement, the claimed infringements on his constitutional rights, if proven, were clearly capable of producing an unjust result and may be asserted as constituting the equivalent of 'plain error.'" Id. at 546, 763 A.2d 285.