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STATE v. BREYAN

240 N.J. Super. 619 (1990)

573 A.2d 998

STATE OF NEW JERSEY, PLAINTIFF, v. EDWARD BREYAN, DEFENDANT.

Superior Court of New Jersey, Law Division Hudson County.

Decided January 17, 1990.

Attorney(s) appearing for the Case

Lawrence Posner, Asst. Hudson County Prosecutor, for plaintiff (Paul M. DePascale, Hudson County Prosecutor, attorney).

Harvey L. Birne, for defendant.

COSTELLO, J.S.C.

This case is before the court on appeal from the Bayonne Municipal Court. Defendant appeals from that court's denial of his motions:

(1) to have his previously imposed sentence for DWI vacated; and (2) to be resentenced as a first, rather than a second offender.

The legal issue presented is whether State v. Laurick, 231 N.J.Super. 464, 555 A.2d 1133

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