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STATE v. LANAHAN

110 N.J. Super. 578 (1970)

266 A.2d 323

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DONALD A. LANAHAN, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Burlington County Court, Law Division.

Decided May 1, 1970.

Attorney(s) appearing for the Case

Mr. Dennis J. Quinn, Special Deputy Attorney General, for appellant (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

Mr. Joseph F. Polino for respondent (Mr. James Logan, Jr., attorney).

VAN SCIVER, J.C.C.

This is an appeal taken by the State from an interlocutory order entered in the Bordentown Township Municipal Court on March 23, 1970, wherein that court ordered stricken from the record all testimony relating to a breath test conducted of the defendant in a case charging violation of N.J.S.A. 39:4-50(a) since there was no testimony presented establishing that an inspection of the breathalyzer instrument was made subsequent to defendant's...

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