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STATE v. JEANNETTE

172 N.J. Super. 587 (1980)

412 A.2d 1339

STATE OF NEW JERSEY, PLAINTIFF, v. JOSEPH D. JEANNETTE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Law Division — Union County.

Decided January 22, 1980.

Attorney(s) appearing for the Case

John G. Butler for defendant-appellant.

John D. Clarke, Assistant Prosecutor, for the State (John H. Stamler Union County Prosecutor, attorney).

DREIER, J.S.C.

Defendant was convicted in the municipal court of operating a motorcycle under the influence of alcohol, thus requiring a suspension of his driver's license for a period of one year and a fine of $500 plus costs. N.J.S.A. 39:4 50. The issue in the case, one of first impression in New Jersey, is whether defendant's conduct may constitute "operation", of the motor vehicle within the meaning of N.J.S.A. 39:4 50.

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