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STATE v. PROTOKOWICZ

55 N.J. Super. 598 (1959)

151 A.2d 396

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MATTHEW I. PROTOKOWICZ, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 28, 1959.

Attorney(s) appearing for the Case

Mr. Clive S. Cummis argued the cause for defendant-appellant (Messrs. Cummis & Kroner, attorneys; Mr. Maurice M. Krivit, of counsel).

Mr. C. William Caruso argued the cause for plaintiff-respondent (Mr. Brendan T. Byrne, Deputy Attorney General, Acting Essex County Prosecutor, attorney).

Before Judges GAULKIN, SULLIVAN and FOLEY.

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

The appellant was convicted in the Municipal Court of the City of Montclair and, on appeal, in the Essex County Court of operating an automobile while under the influence of intoxicating liquor. N.J.S.A. 39:4-50. This is a review of the latter conviction.

In both of the courts below the cumulative effect of the testimony of the State's witnesses overwhelmingly established the defendant's guilt...

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