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STATE v. DUFFY

792 A.2d 555 (2002)

348 N.J. Super. 609

STATE of New Jersey, Plaintiff/Respondent, v. Michael DUFFY, Defendant/Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 8, 2002.

Attorney(s) appearing for the Case

Peter M. O'Mara, Red Bank, argued the cause for appellant.

Mark P. Stalford, Assistant Prosecutor, argued the cause for respondent (John Kaye, Monmouth County Prosecutor, attorney; Mr. Stalford, of counsel and on the brief; Rodney Troyan, on the brief.).

Before Judges SKILLMAN, WALLACE, Jr., and WELLS.

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

Defendant Michael Duffy was convicted in the Holmdel Township Municipal Court of refusing to take a breathalyzer test, N.J.S.A. 39:4-50.2, and found not guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50. On appeal following a trial de novo on the record of refusal, the Law Division found defendant guilty of refusal to take a breathalyzer test. The judge imposed an appropriate...

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