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STATE v. KASHI

848 A.2d 744 (2004)

180 N.J. 45

STATE of New Jersey, Plaintiff-Respondent, v. Sadegh KASHI, Defendant-Appellant.

Supreme Court of New Jersey.

Decided May 26, 2004.

Attorney(s) appearing for the Case

Timothy G. Boney argued the cause for appellant.

Simon Louis Rosenbach, Assistant Prosecutor, argued the cause for respondent (Bruce J. Kaplan, Middlesex County Prosecutor, attorney).

PER CURIAM.

We granted defendant Sadegh Kashi's petition for certification, 178 N.J. 30, 834 A.2d 404 (2003), to consider whether in a de novo appeal, a trial court may use a police officer's observations to sustain a driving while intoxicated conviction even though the municipal court found the officer's observations insufficient and convicted defendant only on the basis of Breathalyzer test results. The Appellate Division answered the question in the affirmative...

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