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STATE v. LEONARDO

109 N.J. Super. 442 (1970)

263 A.2d 785

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WILLIAM LEONARDO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 30, 1970.

Attorney(s) appearing for the Case

Mr. James A. Palmieri argued the cause for appellant.

Mr. Edward C. Laird, Assistant Prosecutor, argued the cause for respondent (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney).

Before Judges KILKENNY, LABRECQUE and LEONARD.

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

Defendant appeals a judgment of conviction by the County Court for being under the influence of a barbiturate (N.J.S.A. 2A:170-77.8), entered following a trial de novo upon an appeal from the municipal court. Defendant was sentenced to the county penitentiary for six months.

On January 19, 1968 defendant was apprehended by Bloomfield Patrolman DeMasi at approximately 6:45 P.M. At that...

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