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STATE v. GRAFF

121 N.J. 131 (1990)

577 A.2d 1270

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JOHN W. GRAFF, DEFENDANT-RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JEFFREY R. ELLIS, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided August 6, 1990.

Attorney(s) appearing for the Case

James J. Gerrow, Jr., Assistant Prosecutor, argued the cause for appellant (Stephen G. Raymond, Burlington County Prosecutor, attorney; Larry E. Holtz and Deborah A. Siegrist, Assistant Prosecutors, of counsel and on the briefs; Steve Rothberg, on the brief).

Andrew J. Karcich argued the cause for respondent John W. Graff (Sherman, Silverstein & Kohl, attorneys).

Mark S. Guralnick argued the cause for respondent Jeffrey R. Ellis (Garber & Guralnick, attorneys).

Brian J. Neary argued the cause on behalf of amicus curiae Association of Criminal Defense Lawyers of New Jersey.

The opinion of the Court was delivered by O'HERN, J.

These direct appeals from the Law Division, which granted defendants' motions for jury trials for first and second driving-while-intoxicated (DWI) offenses, were argued with State v. Hamm, 121 N.J. 109, 577 A.2d 1259 (1990), also decided today.

In its thoughtful opinions, the Law Division analyzed...

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