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STATE v. LENIHAN

Docket No. A-4667-10T1

49 A.3d 415 (2012)

427 N.J. Super. 499

STATE of New Jersey, Plaintiff-Respondent, v. Kirby LENIHAN, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided August 13, 2012.

Attorney(s) appearing for the Case

Gary A. Kraemer , Sparta, argued the cause for appellant (Daggett, Kraemer, Kovach & Gjelsvik, attorneys; Mr. Kraemer , on the brief).

Gregory R. Mueller , First Assistant Prosecutor, argued the cause for respondent ( David J. Weaver , Sussex County Prosecutor, attorney; Mr. Mueller , of counsel and on the brief).

Before Judges MESSANO, KENNEDY and GUADAGNO.

The opinion of the court was delivered by

GUADAGNO, P.J.F.P. (temporarily assigned).

In this case we are asked to determine whether a violation of N.J.S.A. 39:3-76.2f, the "seat belt law," can serve as a predicate offense to support a conviction under N.J.S.A. 2C:40-18(b), which proscribes knowingly violating a law or failing to perform a duty imposed by law intended to protect the public health and safety...

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