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STATE v. TROPEA

78 N.J. 309 (1978)

394 A.2d 355

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. RUSSELL E. TROPEA, DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

The Supreme Court of New Jersey.

Decided October 31, 1978.

Attorney(s) appearing for the Case

Mr. Norman L. Zlotnick argued the cause for defendant-appellant and cross-respondent (Messrs. Perskie and Callinan, attorneys).

Ms. Ileana N. Saros, Deputy Attorney General, argued the cause for plaintiff-respondent and cross-appellant (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Ms. Saros, of counsel and on the brief).

The opinion of the court was delivered by CLIFFORD, J.

Defendant was convicted in Ocean City Municipal Court of operating his automobile at 44 miles per hour in a 25 mile-per-hour zone, in violation of N.J.S.A. 39:4-98. He appealed to the Cape May County Court where, after a trial de novo on the record below, the conviction was affirmed. The Appellate Division reversed on the ground that the State had failed to prove that the speed limit in the area...

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