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STATE v. CIANCAGLINI

No. A-2785-08T4.

986 A.2d 1 (2010)

411 N.J. Super. 280

STATE of New Jersey, Plaintiff-Appellant, v. Eileen CIANCAGLINI, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided January 7, 2010.

Attorney(s) appearing for the Case

Mary R. Juliano, Assistant Prosecutor, argued the cause for appellant (Luis A. Valentin, Monmouth County Prosecutor, attorney; Patricia B. Quelch, Assistant Prosecutor, of counsel and on the brief).

Stephen M. Pascarella, Red Bank, argued the cause for respondent.

Before Judges CARCHMAN, PARRILLO and ASHRAFI.

The opinion of the court was delivered by

ASHRAFI, J.S.C. (temporarily assigned).

The State appeals the judgment of the Law Division sentencing defendant Eileen Ciancaglini as a first-time offender for driving under the influence of alcohol (DWI). Defendant was previously convicted of DWI in 1979 and of refusing to take a breathalyzer test in 2006, but the Law Division discounted those convictions under the holding of State v. DiSomma,

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