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STATE v. SWEENEY

77 N.J. Super. 512 (1962)

187 A.2d 39

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANK M. SWEENEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 24, 1962.

Attorney(s) appearing for the Case

Mr. James V. Segreto argued the cause for appellant (Messrs. Segreto & Segreto, of counsel, and on the brief).

Mr. Archibald Kreiger, Assistant Prosecutor of Passaic County, argued the cause for respondent (Mr. John G. Thevos, Passaic County Prosecutor, attorney; Mr. Kreiger, of counsel).

Before Judges PRICE, SULLIVAN and LEWIS.

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

Appellant was convicted of operating a motor vehicle while under the influence of intoxicating liquor in violation of N.J.S.A. 39:4-50.

The record before us reveals that when apprehended by police officers at 1:00 A.M. on July 6, 1962, defendant was seated "behind" the steering wheel in the driver's seat of his automobile, parked by the curb on...

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