STATE v. SHERWIN


236 N.J. Super. 510 (1989)

566 A.2d 536

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THOMAS F. SHERWIN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 24, 1989.


Attorney(s) appearing for the Case

Joseph J. Rodgers, argued the cause for appellant (Fineberg & Rodgers, attorneys).

H. Parker Smith, Assistant Prosecutor, argued the cause for respondent (John Corino, Cape May County Prosecutor, attorney).

Before Judges KING and GRUCCIO.


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

Defendant Thomas F. Sherwin appeals his conviction in the Law Division on charges of operating a motor vehicle under the influence of alcohol, N.J.S.A. 39:4-50, and refusing to take a breathalyzer test, N.J.S.A. 39:4-50.2. He had previously been convicted in the Stone Harbor Municipal Court on these charges. On this appeal defendant contends:<...

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