STATE v. SMITH

No. A-5217-07T4.

975 A.2d 523 (2009)

408 N.J. Super. 484

STATE of New Jersey, Plaintiff-Respondent, v. Martin F. SMITH, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 30, 2009.


Attorney(s) appearing for the Case

Joyce E. Boyle, Morristown, argued the cause for appellant (McElroy, Deutsch, Mulvaney & Carpenter, LLP, attorneys; Ms. Boyle, of counsel and on the briefs).

Erin Smith Wisloff, Assistant Prosecutor, argued the cause for respondent (Robert A. Bianchi, Morris County Prosecutor, attorney; Ms. Winsloff, on the brief).

Before Judges STERN, WAUGH and ASHRAFI.


The opinion of the court was delivered by

STERN, P.J.A.D.

Defendant appeals his conviction on trial de novo for violating N.J.S.A. 39:4-125. His principal contention is that he did not make a "U turn" and that the proofs do not warrant a finding that he did. However, the statute does not require proof that defendant actually made a 180-degree turn. We affirm the conviction because defendant was found guilty of turning his vehicle "around so as to proceed...

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