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STATE v. GIBSON

Docket No. A-5163-10T2

60 A.3d 493 (2013)

429 N.J. Super. 456

STATE of New Jersey, Plaintiff-Respondent, v. Bruno GIBSON, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 7, 2013.

Attorney(s) appearing for the Case

George R. Szymanski argued the cause for appellant.

Jason Magid , Assistant Prosecutor, argued the cause for respondent ( Warren W. Faulk , Camden County Prosecutor, attorney; Mr. Magid, of counsel and on the brief).

Before Judges ALVAREZ, NUGENT and OSTRER.

The opinion of the court was delivered by

OSTRER, J.A.D.

This appeal presents the issue whether a court, sitting as fact-finder in a quasi-criminal matter, may without defendant's consent, rely upon the evidence heard in a pre-trial suppression hearing as proof of guilt in the trial on the merits. We hold it may not and therefore reverse defendant's conviction for driving while under the influence (DUI), N.J.S.A...

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