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STATE v. CIANCAGLINI

A-92/93 September Term 2009.

10 A.3d 870 (2011)

204 N.J. 597

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

Supreme Court of New Jersey.

Decided January 19, 2011.

Attorney(s) appearing for the Case

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

Mary R. Juliano , Assistant Prosecutor, argued the cause for respondent (Luis A. Valentin, Monmouth County Prosecutor).

Jeffrey Evan Gold , Cherry Hill, argued the cause for amicus curiae New Jersey State Bar Association ( Richard H. Steen , President, attorneys; Mr. Gold , Mr. Steen , and James J. Gerrow, Jr. , on the brief).

Judge STERN (temporarily assigned) delivered the opinion of the Court.

The critical issue presented by this appeal is whether a conviction for refusing to submit to a breathalyzer test, N.J.S.A. 39:4-50.4a, can be used to enhance a sentence for driving while intoxicated (DWI), N.J.S.A. 39:4-50. In State v. DiSomma, 262 N.J.Super. 375, 383, 621 A.2d 55 (App. Div.1993...

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