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STATE v. ROMANO

809 A.2d 158 (2002)

355 N.J. Super. 21

STATE of New Jersey, Plaintiff-Respondent, v. Joseph ROMANO, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided November 12, 2002.

Attorney(s) appearing for the Case

Timothy P. Kane, Totowa, argued the cause for appellant.

Michelle Katich, Special Deputy Attorney General, argued the cause for respondent (James F. Avigliano, Passaic County Prosecutor, attorney; Ms. Katich, of counsel and on the brief).

Before Judges PETRELLA, BRAITHWAITE and PARKER.

The opinion of the court was delivered by BRAITHWAITE, J.A.D.

Defendant Joseph Romano was convicted in the Clifton Municipal Court of driving while intoxicated ("DWI"), N.J.S.A. 39:4-50. Following a trial de novo in the Law Division, he was again found guilty. An appropriate sentence was imposed, ultimately, and that issue is not raised on appeal.

The issues on appeal are whether the common-law defense of necessity entitled defendant to an acquittal...

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