STATE v. DAMIANO


142 N.J. Super. 457 (1976)

361 A.2d 631

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. STEVEN L. DAMIANO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Morris County Court, Law Division.

May 6, 1976.


Attorney(s) appearing for the Case

Mr. R. Scott Rosmarin for plaintiff-respondent.

Mr. Thomas R. O'Brien for defendant-appellant (Messrs. Harper, McCoy & O'Brien, attorneys).


HELFRICH, J.C.C.

Defendant-Appellant, age 17, was adjudicated guilty in the Madison Municipal Court of violating N.J.S.A. 39:4-50(a).

Before the start of the municipal court trial, defendant moved for dismissal of the Complaint on the ground that the applicable statute was unconstitutional as it applies to offenders under the age of 19. The municipal judge declined to rule on the validity of the statute and proceeded to trial, resulting in a conviction...

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