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STATE v. DEVLIN

234 N.J. Super. 545 (1989)

561 A.2d 280

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN H. DEVLIN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Reargued May 31, 1989.

Decided June 30, 1989.

Attorney(s) appearing for the Case

Brian T. Kennedy argued the cause for appellant (Kennedy and Daniel, attorneys; Brian T. Kennedy, of counsel and on the brief).

Larry R. Etzweiler, Deputy Attorney General, argued the cause for respondent (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney; Larry R. Etzweiler, of counsel and on the brief).

Before Judges MICHELS, MUIR, Jr., and KEEFE.

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

Defendant John H. Devlin appeals from his conviction for death by auto and from the sentences imposed on that conviction as well as on his convictions for assault by auto and operating a motor vehicle while under the influence of intoxicating liquor (DWI).

The facts giving rise to this appeal are essentially uncontroverted. On the afternoon of April 24, 1987, defendant, a 24-year veteran of the Linden...

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