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STATE v. McGREW

127 N.J. Super. 327 (1974)

317 A.2d 390

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. OSCAR McGREW, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 25, 1974.

Attorney(s) appearing for the Case

Mr. Wilbert J. Martin, Jr., argued the cause for appellant.

Mr. William F. Hyland, Attorney General of New Jersey, attorney for respondent, submitted on brief (Mr. George F. Kugler, Jr., former Attorney General of New Jersey, and Mr. Julian Wilsey, Deputy Attorney General, on the brief).

Before Judges CARTON, LORA and SEIDMAN.

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

In December 1972 defendant was found guilty in municipal court of operating a motor vehicle while under the influence of intoxicating liquor, contrary to N.J.S.A. 39:4-50(a). When he appeared later for sentence, a record was produced of a conviction for drunk driving in 1966. The municipal court judge declined to receive offered testimony that defendant was indigent at the time and had not been advised...

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