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STATE v. DOWNIE

229 N.J. Super. 207 (1988)

550 A.2d 1313

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ANDREW DOWNIE, DANIEL MATTHEWS, MARTIN MAROTTA, AND CHARLES CARROLL, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 28, 1988.

Attorney(s) appearing for the Case

Mark P. Stalford, Assistant Prosecutor argued the cause for appellant (John Kaye, Monmouth County Prosecutor, attorney; Mark P. Stalford, of counsel and on the letter brief).

Stephen M. Pascarella argued the cause for respondents (Francis X. Moore, attorney; Francis X. Moore, on the letter brief).

Before Judges ANTELL, DREIER and HAVEY.

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

The State appeals, on leave granted, from a Law Division order permitting the municipal courts of four municipalities, all served by the same municipal court judge, to hear arguments relating to the admissibility of breathalyzer evidence. The defendants in the four cases are represented by the same attorney. The Monmouth County Prosecutor superseded the various municipal prosecutors and represented the State...

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