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STATE v. WRIGHT

209 N.J. Super. 482 (1986)

507 A.2d 1185

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. GARY C. WRIGHT, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 4, 1986.

Attorney(s) appearing for the Case

Mario Apuzzo, attorney for appellant.

Alan A. Rockoff, Prosecutor of Middlesex County, attorney for respondent (Richard J. Biunno, Assistant Middlesex County Prosecutor, on the letter brief).

Before Judges FRITZ, BRODY and GAYNOR.

The opinion of the court was delivered by BRODY, J.A.D.

Defendant was charged with operating a motor vehicle while under the influence of liquor (N.J.S.A. 39:4-50) and refusing to give a sample of his breath "for the purpose of making chemical tests to determine the content of alcohol in his blood" (N.J.S.A. 39:4-50.2; N.J.S.A. 39:4-50.4a). The municipal court judge was not convinced beyond a reasonable doubt that defendant operated the vehicle...

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