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STATE v. SWEENEY

40 N.J. 359 (1963)

192 A.2d 573

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANK M. SWEENEY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 1, 1963.

Attorney(s) appearing for the Case

Mr. James V. Segreto argued the cause for defendant-appellant (Messrs. Segreto & Segreto, attorneys; Mr. James V. Segreto, of counsel and on the brief).

Mr. Archibald Kreiger, Passaic Assistant County Prosecutor, argued the cause for plaintiff-respondent (Mr. John G. Thevos, Passaic County Prosecutor, attorney; Mr. Kreiger, of counsel).

The opinion of the court was delivered

PER CURIAM.

We read the opinion of the Appellate Division, 77 N.J.Super. 512 (1962), to hold that a person "operates" — or for that matter, "drives" — a motor vehicle under the influence of intoxicating liquor, within the meaning of N.J.S.A. 39:4-50 and 39:4-50.1, when, in that condition, he enters a stationary vehicle...

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