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STATE v. GONZALEZ

186 N.J. Super. 609 (1982)

453 A.2d 297

STATE OF NEW JERSEY, PLAINTIFF, v. ALADINO GONZALEZ, DEFENDANT.

Superior Court of New Jersey, Law Division Cumberland County.

Decided October 13, 1982.

Attorney(s) appearing for the Case

Kenneth A. Pagliughi, Prosecutor, Cumberland County, for the State (Theodore H. Ritter, Assistant Prosecutor, appearing).

Rocco J. Tedesco for defendant (Zerella & Tedesco, attorneys).

KLEINER, J.S.C.

On defendant's motion for leave to appeal a municipal court conviction out of time, this court is presented with the novel issue whether the procedural and jurisdictional limitations of R. 3:23 absolutely prohibit the appeal of a conviction for driving while under the influence of intoxicating liquors (N.J.S.A. 39:4-50) some eight months after the entry of conviction. For the reasons to be discussed herein, this court concludes that when...

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