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STATE v. CULBERTSON

156 N.J. Super. 167 (1978)

383 A.2d 729

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. GEORGE CULBERTSON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 1, 1978.

Attorney(s) appearing for the Case

Messrs. Aaron, Rubin & Rossi, attorneys for appellant (Mr. Steven C. Rubin on the brief).

Mr. Clinton E. Cronin, Acting Monmouth County Prosecutor, attorney for respondent (Mr. Charles A. Russell, III, Assistant County Prosecutor, of counsel and on the brief).

Before Judges LYNCH, BISCHOFF and KOLE.

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

The sole issue presented by this appeal is whether a defendant, convicted of operating a motor vehicle while under the influence of intoxicating liquor, who is sentenced pursuant to the recent amendments of N.J.S.A. 39:4-50 (L. 1977, c. 29, § 1), effective in May 1977, can be sentenced as a second or subsequent offender based on a prior conviction for impaired operation under N...

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