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STATE v. TUCCILLO

76 N.J. Super. 584 (1962)

185 A.2d 222

STATE OF NEW JERSEY, COMPLAINANT-RESPONDENT, v. MICHAEL TUCCILLO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 30, 1962.

Attorney(s) appearing for the Case

Mr. Samuel L. Marciano argued the cause for appellant (Messrs. Florio, Dunn, Marciano & Lypinski, attorneys).

Mr. Steven S. Radin, Deputy Attorney General, argued the cause for respondent (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. Peter P. Cascone, Jr., Deputy Attorney General, of counsel).

Before Judges CONFORD, KILKENNY and LEONARD.

The opinion of the court was delivered by CONFORD, S.J.A.D.

This appeal challenges the revocation of defendant's driver's license for one year by the Division of Motor Vehicles upon a determination by the Acting Director after hearing of careless driving (violation of N.J.S.A. 39:4-97) resulting in a fatality. The contention is that the determination of guilt of the offense was not justified by the evidence and was arbitrary.

The proofs adduced at the...

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