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STATE v. CAREY

232 N.J. Super. 553 (1989)

557 A.2d 1036

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANDREW CAREY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 28, 1989.

Attorney(s) appearing for the Case

Francis X. Moore, Attorney for appellant.

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

Before Judges PETRELLA, GRUCCIO and LANDAU.

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

Defendant Andrew Carey pleaded guilty in the Tinton Falls Municipal Court to driving while intoxicated, N.J.S.A. 39:4-50. At sentencing, the State produced a computer printout indicating that defendant was a second offender under the statute. However, a Division of Motor Vehicles (DMV) abstract apparently erroneously listed no prior convictions. Defendant objected to the use of the computer printout...

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