STATE v. SWIDERSKI


94 N.J. Super. 14 (1967)

226 A.2d 728

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. EDWARD SWIDERSKI, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Reconsidered February 6, 1967.

Decided February 9, 1967.


Attorney(s) appearing for the Case

Mr. Thomas L. Yaccarino, Assistant Prosecutor, argued the cause for appellant (Mr. Vincent P. Keuper, Prosecutor, attorney).

Mr. Norman Robbins argued the cause for respondent (Mr. Edmund Vitale, Jr. joined on the brief).

Before Judges GOLDMANN, KILKENNY and COLLESTER.


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

Pursuant to leave granted, the State appeals from a County Court order suppressing evidence of the results of a Breatholizer test in a drunken driving case then pending in the Middletown Township Municipal Court. In entertaining defendant's motion to suppress, the county judge purported to exercise jurisdiction on the authority of R.R. 3:2A-6(a).

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