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STATE v. PEREZ

813 A.2d 597 (2003)

356 N.J. Super. 527

STATE of New Jersey, Plaintiff-Respondent, v. Gerardo PEREZ, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 15, 2003.

Attorney(s) appearing for the Case

Yale L. Greenspoon, Union, argued the cause for appellant (Greenspoon & Greenspoon, attorneys; Mr. Greenspoon, on the brief).

Simon Louis Rosenbach, Assistant Prosecutor, argued the cause for respondent (Bruce J. Kaplan, Middlesex County Prosecutor, attorney; Mr. Rosenbach, of counsel and on the brief).

Before Judges STERN, COBURN and COLLESTER.

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

Defendant, Gerardo Perez, was charged in municipal court with driving while intoxicated, N.J.S.A. 39:4-50; failure to keep to the right, N.J.S.A. 39:4-82; and refusal to submit to a breathalyzer test, N.J.S.A. 39:4-50.2. Before trial, defendant moved for recusal of the trial judge on the ground that he had demonstrated bias against "Spanish people...

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