STATE v. COLAPINTO


309 N.J. Super. 132 (1998)

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JAMES COLAPINTO, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division..

Decided March 11, 1998.


Attorney(s) appearing for the Case

Thomas Cannavo, Assistant Ocean County Prosecutor, argued the cause for appellant (E. David Millard, Ocean County Prosecutor, attorney; Mr. Cannavo, of counsel and on the brief).

Randy Rosenblum, argued the cause for respondent (Wilentz, Goldman & Spitzer, attorneys; Mr. Rosenblum and James Trabilsy, on the brief).

Before Judges LONG and KLEINER.


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

Pursuant to leave to appeal granted, the State appeals from a Law Division decision granting defendant James Colapinto's motion to suppress evidence raised immediately prior to a trial de novo following defendant's conviction in the Dover Township Municipal Court for driving while intoxicated, N.J.S.A. 39:4-50, and speeding, N.J.S.A. 39:4-98. We conclude that defendant waived his right...

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