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STATE v. LOCURTO

724 A.2d 234 (1999)

157 N.J. 463

STATE of New Jersey, Plaintiff-Appellant, v. Dominick J. LOCURTO, Defendant-Respondent.

Supreme Court of New Jersey.

Decided March 2, 1999.

Attorney(s) appearing for the Case

Glenn Berman, Middlesex County Prosecutor, for plaintiff-appellant (Mr. Berman, attorney; Simon Louis Rosenbach, Assistant Prosecutor, of counsel and on the brief).

Howard S. Teitelbaum, East Brunswick, for defendant-respondent (Lynch, Teitelbaum & Geldhauser, attorneys).

John F. O'Hern, Deputy Attorney General, for amicus curiae, Attorney General of New Jersey (Peter Verniero, Attorney General, attorney).

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

This appeal involves a conviction for driving while intoxicated (DWI). Both the East Brunswick Township Municipal Court and the Law Division found the testimony of the arresting police officer to be more credible than the testimony of defendant. The Appellate Division in a published opinion reversed the conviction after rejecting the lower courts' credibility determinations. 304 N.J.Super. 514...

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