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STATE v. MARA

253 N.J. Super. 204 (1992)

601 A.2d 718

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANK J. MARA, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 8, 1992.

Attorney(s) appearing for the Case

Francis J. Gilbertson argued the cause for appellant (Keith, Winters & Wenning, attorneys; Francis J. Gilbertson of counsel; Lawrence R. Jones on the brief).

Simon Louis Rosenbach, Assistant Prosecutor, argued the respondent (Alan A. Rockoff, Prosecutor of Middlesex County, attorney; Simon Louis Rosenbach of counsel and on the brief).

Before Judges J.H. COLEMAN, BILDER and STERN.

The opinion of the court was delivered by COLEMAN, J.H., P.J.A.D.

In a bench trial, defendant was convicted of second-degree aggravated assault, contrary to N.J.S.A. 2C:12-1b(1). Sitting as a Municipal Court judge, the same Law Division judge found defendant guilty under summons SPN 040759 charging him with driving while under the influence of alcohol (DWI), contrary to N.J.S.A. 39:4-50. For the aggravated assault, defendant was sentenced to a custodial...

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