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STATE v. CONROY

937 A.2d 328 (2008)

397 N.J. Super. 324

STATE of New Jersey, Plaintiff-Respondent v. Thomas CONROY, Jr., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 9, 2008.

Attorney(s) appearing for the Case

Mitchell J. Ansell, Ocean, argued the cause for appellant (Ansell, Zaro, Grimm & Aaron, attorneys; Mr. Ansell, of counsel and on the brief; Greg S. Gargulinski, on the brief).

Patricia B. Quelch, Assistant Prosecutor, argued the cause for respondent (Luis Valentin, Monmouth County Prosecutor, attorney; Ms. Quelch, of counsel and on the brief; Monica Do Outeiro, Assistant Prosecutor, on the brief).

Before Judges WEISSBARD, S.L. REISNER and GILROY.

The opinion of the court was delivered by

GILROY, J.A.D.

Defendant appeals from that part of the October 27, 2006, order of the Law Division, which sentenced him to 180 days of incarceration as a third offender under the Driving While Intoxicated (DWI) statute, N.J.S.A. 39:4-50(a). The question presented on appeal is whether a defendant, who has had three prior convictions for DWI, is entitled to the benefit of the ten-year "step-down" provision of...

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