STATE v. BURNS


159 N.J. Super. 539 (1978)

388 A.2d 987

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DONALD BURNS, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 22, 1978.


Attorney(s) appearing for the Case

Mr. John P. Goceljak, Assistant Prosecutor, argued the cause for appellant (Mr. Burrell Ives Humphreys, Passaic County Prosecutor, attorney).

Mr. John Jay Jamison argued the cause for respondent (Messrs. Cohen and Jamison, attorneys).

Before Judges LYNCH, KOLE and PETRELLA.


PER CURIAM.

The State appeals pursuant to leave granted from an order suppressing evidence of a blood sample taken in connection with a drunk driving charge.

At the suppression hearing the only witness who testified was the arresting officer. The following are the essential facts. On March 14, 1977, at about 11:15 P.M., defendant was arrested when his auto was observed by the arresting officer "swerving around...

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