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STATE v. DICKERSON

268 N.J. Super. 33 (1993)

632 A.2d 843

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. VIRGINIA L. DICKERSON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 29, 1993.

Attorney(s) appearing for the Case

Carmen A. Malignaggi, attorney for appellant (Mr. Malignaggi, on the letter-brief).

Edward F. Borden, Jr., Camden County Prosecutor, attorney for respondent (Frederick H. Martin, Assistant Prosecutor, of counsel and on the letter-brief).

Before Judges PETRELLA, BAIME and VILLANUEVA.

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

Defendant appeals from the Law Division's denial of her motion to withdraw her plea of guilty to driving while intoxicated (N.J.S.A. 39:4-50). She asserts that both the municipal court and Law Division judges mistakenly exercised their discretion by refusing to consider newly discovered evidence regarding the misconduct of the arresting police officer in similar cases. We agree and reverse.

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