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STATE v. REGAN

209 N.J. Super. 596 (1986)

508 A.2d 1149

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN REGAN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 2, 1986.

Attorney(s) appearing for the Case

David Hoffman argued the cause on behalf of appellant.

Margaret Ann F. Mullins, Assistant Prosecutor, argued the cause on behalf of respondent, Special Deputy Attorney General, Acting Assistant Prosecutor, (Joseph F. Falcone, Passaic County Prosecutor, attorney).

Before Judges MICHELS, DEIGHAN and STERN.

The opinion of the court was delivered by STERN, J.S.C., temporarily assigned.

Defendant appeals his conviction for driving while intoxicated (N.J.S.A. 39:4-50) and contends that it was error to sentence him as a third offender. Specifically, he argues that his prior conviction in New York for driving while impaired should not have been considered as a prior offense for purposes of the enhanced penalties provided for a third offender. He further contends that...

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