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STATE v. ZOPPI

196 N.J. Super. 596 (1984)

483 A.2d 844

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. BRADLEY T. ZOPPI, DEFENDANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DAVID MORGAN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Law Division Monmouth County.

Decided August 15, 1984.

Attorney(s) appearing for the Case

Michele D. O'Shea for the State (John A. Kaye, Monmouth County Prosecutor, attorney).

Robert J. Holden for defendant Zoppi.

Stephen Moore for defendant Morgan (Francis X. Moore, attorney).

McGANN, J.S.C.

These motions for leave to appeal were consolidated because they involve the same substantive issue. In the Zoppi case the State seeks leave to appeal a decision of the Long Branch Municipal Court granting the defendant's application for a jury trial on the pending charge that he is a third offender drunk driver under N.J.S.A. 39:4-50. In the Morgan case, Morgan appeals a denial by the Atlantic Highlands Municipal Court on his similar application...

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