STATE v. SWEENEY


190 N.J. Super. 516 (1983)

464 A.2d 1150

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JAMES T. SWEENEY, SR., DEFENDANT-RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. TERRENCE BUCKLEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 22, 1983.


Attorney(s) appearing for the Case

Alvin G. Shpeen, Gloucester County Prosecutor, attorney for appellant (Lawrence Magid; Assistant County Prosecutor, of counsel and on the brief).

Donald C. Brown, attorney for respondent.

No brief was filed by respondent Buckley.

Before Judges MATTHEWS, ANTELL and FRANCIS.


PER CURIAM.

These are virtually identical appeals arising from convictions for violations of N.J.S.A. 39:4-50. The State appeals in both cases. Since the legal issue involved in each case is the same, we consolidate them for the purposes of this opinion.

AS TO SWEENEY

Defendant was given a summons on March 8, 1982 for driving while under the influence of an intoxicating beverage. The case was heard in the Westville Municipal Court on July...

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