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STATE v. McKELVEY

142 N.J. Super. 259 (1976)

361 A.2d 96

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JULIUS McKELVEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 9, 1976.

Attorney(s) appearing for the Case

Mr. Joseph P. Lordi, Essex County Prosecutor, attorney for appellant (Mr. Marc J. Friedman, Assistant Prosecutor, of counsel and on the brief).

Mr. Peter C. Vitanzo, attorney for respondent (Mr. Michael Muscio on the brief).

Before Judges CARTON, CRAHAY and HANDLER.

PER CURIAM.

Defendant was convicted in the municipal court of driving while under the influence of intoxicating liquor on a restricted service road at the Newark Airport (N.J.S.A. 39:4-50). After a de novo trial on the record on appeal, the County Court entered a judgment of acquittal on the ground that defendant had not been operating the vehicle on a public road. The State appeals.

We conclude that the State's appeal must be dismissed for lack...

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