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STATE v. BUCKLEY

A-55 September Term 2011, 069494

78 A.3d 958 (2013)

216 N.J. 249

STATE of New Jersey, Plaintiff-Appellant, v. Keith R. BUCKLEY, Defendant-Respondent.

Supreme Court of New Jersey.

Decided May 15, 2013.

Attorney(s) appearing for the Case

Joie D. Piderit , Assistant Prosecutor, argued the cause for appellant ( Bruce J. Kaplan , Middlesex County Prosecutor, attorney; Ms. Piderit and Nancy A. Hulett , Assistant Prosecutor, of counsel and on the briefs).

Alan L. Zegas argued the cause for respondent (Mr. Zegas and Mandelbaum, Salsburg, Lazris & Discenza, attorneys; Mr. Zegas, Chatham, and Robert W. Gluck , of counsel; Mr. Gluck, New Brunswick, and Frank M. Gennaro , on the briefs).

Carol M. Henderson , Assistant Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Jeffrey S. Chiesa , Attorney General, attorney).

Justice PATTERSON delivered the opinion of the Court.

On August 12, 2008, a Dodge Viper sports car carrying two North Brunswick police lieutenants drove off Route 130 and collided with a utility pole. The passenger, Christopher Zerby, died shortly after the accident. The driver, defendant Keith R. Buckley, survived the impact with no serious injuries. He was indicted for second-degree vehicular homicide, N.J.S.A. 2C:11-5.

This case concerns the evidence...

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