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STATE v. FERRETTI

189 N.J. Super. 578 (1983)

461 A.2d 193

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LOUIS P. FERRETTI, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Law Division Essex County.

Decided April 29, 1983.

Attorney(s) appearing for the Case

E. Robert Levy for defendant-appellant (Levy and Lybeck, attorneys; Clark E. Alpert on the brief).

Marc J. Friedman for plaintiff-respondent (George L. Schneider, Essex County Prosecutor, attorney).

STERN, J.S.C.

Defendant seeks leave to appeal from interlocutory decisions of the Livingston Municipal Court which, in essence, declined to dismiss a complaint charging him with drunk driving in violation of N.J.S.A. 39:4-50 and declined to transfer the matter to the Superior Court, Law Division for jury trial. Defendant has twice previously been convicted of violating the same statute, and on this motion he attacks the provisions thereof relating to third...

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