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STATE v. GARBIN

739 A.2d 1016 (1999)

325 N.J. Super. 521

STATE of New Jersey, Plaintiff-Respondent, v. Luke GARBIN, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided November 18, 1999.

Attorney(s) appearing for the Case

John H. Waller, for defendant-appellant (Sufrin, Zucker, Steinberg, Waller & Wixted, attorneys; Mr. Waller, on the brief).

Stephen R. Piper, Assistant Camden County Prosecutor, for plaintiff-respondent (Lee A. Solomon, Camden County Prosecutor, attorney; Mr. Piper, of counsel and on the brief).

Before Judges SKILLMAN and NEWMAN.

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

Defendant was charged in the Pine Hill Municipal Court with driving while under the influence of alcohol, in violation of N.J.S.A. 39:4-50. Defendant moved to suppress the evidence against him on the ground it had been obtained by means of an unlawful search. Defendant also moved to dismiss the complaint on the ground that he could not be found guilty of a violation of N.J.S.A. 39:4-50 for...

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