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STATE v. FEDERICO

DOCKET NO. A-0678-08T4.

998 A.2d 517 (2010)

414 N.J. Super. 321

STATE of New Jersey, Plaintiff-Respondent, v. Joseph FEDERICO, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 12, 2010.

Attorney(s) appearing for the Case

Evan M. Levow, Cherry Hill, argued the cause for appellant (Levow & Associates, P.A., attorneys; Mr. Levow, of counsel and on the brief; Sandra L. Battista, on the brief).

Christopher W. Hsieh, Senior Assistant Prosecutor, argued the cause for respondent (Camelia M. Valdes, Passaic County Prosecutor, attorney; Mr. Hsieh, of counsel and on the brief).

Before Judges STERN, GRAVES and SABATINO.

The opinion of the court was delivered by

STERN, P.J.A.D.

Defendant appeals from a judgment on trial de novo finding him guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50, refusal to take a breathalyzer, N.J.S.A. 39:4-50.2, and driving while suspended, N.J.S.A. 39:3-40. As a third DWI offender defendant was sentenced in the Clifton Municipal Court to a custodial sentence of 180 days, a ten-year suspension of his license, a $1000...

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