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STATE v. FOGARTY

128 N.J. 59 (1992)

607 A.2d 624

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JEFFREY D. FOGARTY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 8, 1992.

Attorney(s) appearing for the Case

Steven E. Braun, Senior Assistant Prosecutor, argued the cause for appellant (Ronald S. Fava, Passaic County Prosecutor, attorney).

Brian J. Neary argued the cause for respondent.

Boris Moczula, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Robert J. Del Tufo, Attorney General, attorney).

The opinion of the Court was delivered by GARIBALDI, J.

This appeal concerns the validity of the novel defense of quasi-entrapment by a defendant charged with driving while intoxicated (DWI), a violation of N.J.S.A. 39:4-50.

I

Defendant, Jeffrey D. Fogarty, attended a wedding reception at a restaurant in Haledon Borough. At approximately 1:50 a.m., defendant and several other wedding guests left the reception and entered the restaurant parking...

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