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STATE v. HARBATUK

95 N.J. Super. 54 (1967)

229 A.2d 820

THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JOHN HARBATUK, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 11, 1967.

Attorney(s) appearing for the Case

Mr. William H. von Oehsen, Jr. argued the cause for appellant (Mr. Gordon D. Griffin and Mr. von Oehsen, attorneys for the Township of Princeton; Mr. Henry A. Hill, Jr., of counsel and on the brief).

Mr. Joseph A. Hoffman, Assistant Attorney General, argued the cause for Mr. Arthur J. Sills, Attorney General of New Jersey, amicus curiae (Mr. Thomas J. Savage on the brief).

No brief and no appearance on behalf of respondent.

Before Judges LEWIS, LABRECQUE and LEONARD.

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

Pursuant to leave granted plaintiff appeals from an order of the municipal magistrate of Princeton Township suppressing certain evidence in connection with the charge against defendant John Harbatuk of violation of N.J.S.A. 39: 4-50 (driving while under the influence of intoxicating liquor).

On September 28, 1965 at about 10 P.M. the local police were alerted to be on the lookout for the allegedly...

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