STATE v. DE VITO


125 N.J. Super. 478 (1973)

311 A.2d 753

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LOUIS DE VITO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 19, 1973.


Attorney(s) appearing for the Case

Mr. Stephen Apollo, attorney for appellant.

Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney for respondent (Mr. Willard E. Byer, Jr., Deputy Attorney General, of counsel and on the brief).

Before Judges CARTON, SEIDMAN and GOLDMANN.


PER CURIAM.

Defendant was found guilty in municipal court of driving while under the influence of intoxicating liquor. His driver's license having been suspended for two years and a $200 fine imposed, he appealed to the County Court where, after a trial de novo on the record below, he was again found guilty and the same sentence imposed. The judgment was stayed pending the outcome of an appeal to this court.

The claim that the finding of guilt was against...

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