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STATE v. KONECNY

A-21 September Term 2020 084880.

271 A.3d 1266 (2022)

250 N.J. 321

STATE of New Jersey, Plaintiff-Respondent, v. Michael A. KONECNY, Defendant-Appellant.

Supreme Court of New Jersey.

Decided April 5, 2022.

Attorney(s) appearing for the Case

Patricia B. Quelch argued the cause for appellant (Helmer, Conley & Kasselman, attorneys; Patricia B. Quelch, of counsel and on the briefs).

Melinda Harrigan , Assistant Prosecutor, argued the cause for respondent ( Lori Linskey , Acting Monmouth County Prosecutor, attorney; Maura K. Tully , Assistant Prosecutor, of counsel and on the briefs).

Michael Gilberti argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Jardim, Meisner & Susser, attorneys; Michael Gilberti, on the brief).

Lauren Bonfiglio , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Andrew J. Bruck , Acting Attorney General, attorney; Lauren Bonfiglio, of counsel and on the brief).

In State v. Laurick, this Court held that prior uncounseled convictions for driving while intoxicated (DWI) in violation of N.J.S.A. 39:4-50 cannot be used to enhance a custodial sentence for a second or subsequent DWI offense. 120 N.J. 1

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