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STATE v. SMITH

59 N.J. 297 (1971)

282 A.2d 33

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROBERT SMITH, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided October 12, 1971.

Attorney(s) appearing for the Case

Mr. Louis Ruprecht argued the cause for appellant (Messrs. McGlynn, McGlynn, Ruprecht and Graham, attorneys).

Mr. Morton I. Greenberg, Assistant Prosecutor, argued the cause for respondent (Mr. John Corino, Cape May County Prosecutor, attorney).

PER CURIAM.

Defendant was convicted in a municipal court of driving a motor vehicle while under the influence of intoxicating liquor (N.J.S.A. 39:4-50(a)), and also of driving without a license (N.J.S.A. 39:3-10). On appeal to the County Court the judgments were affirmed. The Appellate Division affirmed unanimously. Defendant then filed a petition for rehearing in the Appellate Division in which he sought to claim for the first time that there was a...

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