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STATE v. KAYE

176 N.J. Super. 484 (1980)

423 A.2d 1002

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MARVIN KAYE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 21, 1980.

Attorney(s) appearing for the Case

Robert E. Zwengler argued the cause for appellant (Hersh Kozlov, attorney).

Patrick C. Byrne, Deputy Attorney General, argued the cause for respondent (John J. Degnan, Attorney General of New Jersey, attorney).

Before Judges MICHELS, ARD and FURMAN.

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

Defendant Marvin Kaye appeals from his conviction entered on a plea of guilty to causing death by automobile in violation of N.J.S.A. 2A:113-9. On appeal, defendant solely challenges the trial judge's denial of his pretrial motion to exclude the results of a blood-alcohol test on the ground that the State allegedly failed to comply with the provisions of R. 3:13-3(a)(4) by not preserving a portion...

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