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STATE v. LOCURTO

304 N.J. Super. 514 (1997)

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DOMINICK J. LOCURTO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 1, 1997.

Attorney(s) appearing for the Case

Lynch & Teitelbaum, attorneys for appellant (Howard S. Teitelbaum, of counsel; Antonio J. Toto, on the brief).

Robert W. Gluck, Middlesex County Prosecutor, attorney for respondent (Simon Louis Rosenbach, Assistant Prosecutor, of counsel, and on the brief).

Before Judges SHEBELL and A.A. RODRIGUEZ.

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

This is an appeal by defendant, Dominick J. Locurto, from the affirmance by the Law Division of the Old Bridge Township Municipal Court's denial of his motion to suppress.1 As a result of the denial, defendant stands convicted of driving while under the influence (N.J.S.A. 39:4-50). We reverse the denial.

In the early morning hours of December 8, 1995, defendant...

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