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State v. McCall

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


July 24, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
RYAN MCCALL, DEFENDANT-APPELLANT.

On appeal from Superior Court of New Jersey, Law Division, Gloucester County, Municipal Docket No. A-68-07.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 30, 2009

Before Judges Skillman and Wefing.

Defendant was found guilty in the Logan Township Municipal Court of driving while under the influence of alcohol, in violation of N.J.S.A. 39:4-50, and sentenced as a first offender to a seven-month suspension of his motor vehicle license, twelve hours at an Intoxicated Driver's Resource Center, and the statutorily mandated fine and fees. On a de novo appeal, the Law Division also found defendant guilty of this motor vehicle violation and reimposed the same sentence imposed by the municipal court.

On appeal, defendant presents the following arguments:

POINT I

THE GLOVE BOX DEFENSE WAS IMPROPERLY REJECTED BY THE TRIAL COURT.

POINT II

STATE V. DEFRANCISCO REQUIRES A NOT GUILTY FINDING.

We reject these arguments and affirm defendant's conviction substantially for the reasons set forth in Judge Geiger's oral opinion of June 25, 2008. The judge's factual findings regarding defendant's operation of a motor vehicle while under the influence of alcohol are supported by sufficient credible evidence. See State v. Locurto, 157 N.J. 463, 470-71 (1999).

Defendant's arguments do not warrant any discussion in addition to the factual findings and legal conclusions set forth in Judge Geiger's opinion.

Affirmed.

20090724

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