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STATE v. KIM

DOCKET NO. A-3863-08T4.

989 A.2d 864 (2010)

412 N.J. Super. 260

STATE of New Jersey, Plaintiff-Respondent, v. Henry KIM, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 18, 2010.

Attorney(s) appearing for the Case

John Menzel, Point Pleasant, argued the cause for appellant.

Annmarie Cozzi, Assistant Prosecutor, argued the cause for respondent (John L. Molinelli, Bergen County Prosecutor, attorney; Charles Cho, of counsel and on the brief).

Before Judges FISHER, SAPP-PETERSON and ESPINOSA.

The opinion of the court was delivered by

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

Defendant appeals from his conviction for refusal to submit breath samples, N.J.S.A. 39:4-50.2 and N.J.S.A. 39:4-50.4a, following his arrest for driving while intoxicated (DWI), N.J.S.A. 39:4-50. On appeal, he argues that the State cannot convict a defendant of refusing to submit breath samples if the proofs fail to establish beyond a reasonable doubt that...

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