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STATE v. BRYANT

746 A.2d 44 (2000)

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

Superior Court of New Jersey, Appellate Division.

Decided February 23, 2000.

Attorney(s) appearing for the Case

Teri S. Lodge, Turnersville, for defendant-appellant (Poplar & Eastlack, attorneys; Ms. Lodge, on the brief).

Nicole M. Miles, Assistant County Prosecutor, for plaintiff-respondent (Jeffrey S. Blitz, Atlantic County Prosecutor, attorney; Ms. Miles, of counsel and on the brief).

Before Judges KING, CARCHMAN and LEFELT.

The opinion of the court was delivered by LEFELT, J.S.C., (temporarily assigned).

After de novo review in Superior Court, defendant Luke Bryant appealed his conviction for driving while under the influence. Bryant questions whether Judge Garofolo erred when he considered Bryant's municipal court testimony, which was presented only after Bryant's motion to exclude breathalyzer evidence was improperly denied by the municipal court judge. We agree that Bryant...

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