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STATE v. FEARICK

132 N.J. Super. 165 (1975)

333 A.2d 29

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

Superior Court of New Jersey, Appellate Division.

Decided January 31, 1975.

Attorney(s) appearing for the Case

Mr. R. Benjamin Cohen, Assistant Prosecutor, argued the cause for appellant (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney; Ms. Sara A. Friedman, Assistant Prosecutor, of counsel and on the brief).

Mr. William T. McElroy, argued the cause for respondent (Messrs. McElroy, Connell, Foley & Geiser, attorneys).

Before Judges CARTON, CRANE and KOLE.

PER CURIAM.

Defendant pleaded guilty to a violation of N.J.S.A. 39:3-40 in that he operated a motor vehicle while his driver's license was suspended. The municipal court judge sentenced the defendant to 45 days in the county correctional center and imposed a $200 fine plus costs.

The parties have stipulated that prior to the time of his arrest defendant's license had been indefinitely suspended because he was suffering from a convulsive disorder as...

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