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State of New Jersey v. Julianne Degilio

April 13, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JULIANNE DEGILIO, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Middlesex County, Municipal Appeal No. 96-2009.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued March 2, 2011

Before Judges Lihotz and J. N. Harris.

Following a trial in the South Brunswick Township Municipal Court, defendant was found guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50, refusing to submit a breath sample, N.J.S.A. 39:4-50.2, and improper use of high beams, N.J.S.A. 39:3-60. Defendant appealed her conviction to the Law Division. The court affirmed, following a de novo review, R. 3:23-8(a), and imposed the same sentence as the municipal court. Defendant appeals from that conviction raising these points for our review*fn1

POINT I

DEFENDANT'S RIGHT TO DUE PROCESS AS GUARANTEED BY THE FOURTEENTH AMENDMENT OF THE UNITED STATES CONSTITUTION AND ARTICLE 1, PARAGRAPH 1 OF THE NEW JERSEY CONSTITUTION WAS VIOLATED WHEN THE PROSECUTION SUPPRESSED EVIDENCE AND DISRUPTED DEFENDANT'S BY THWARTING, RESISTING, DETERRING, INTIMIDATING, INTERFERING, AND ULTIMATELY DEPRIVING DEFENDANT OF THE BENEFIT AND ENJOYMENT OF HER DUE PROCESS RIGHT TO MEANINGFUL AND EXCULPATORY DISCOVERY, THEN THE SUBSEQUENT ALTERATION, TAMPERING, EDITING, AND ABRIDGING OF VIDEO EVIDENCE, ORIGINALLY WITHHELD FOR FIVE MONTHS PREVENTING DEFENDANT FROM PROPERLY PREPARING HER CASE, SUBMITTED A COUNTERFEIT TAPE AT THE EVE OF TRIAL DEPRIVING DEFENDANT OF FULL, COMPLETE, AND GENUINE EVIDENCE OF INTEGRITY AND OPPORTUNITY TO FAIRLY DEFEND HERSELF AT TRIAL.

POINT II

THE PROSECUTION'S LACK OF COOPERATION AND FAILURE TO COMPLY WITH MUNICIPAL COURT RULES OF DISCOVERY 7:7-7 RENDERED DEFENDANT'S COUNSEL INEFFECTIVE THROUGH NO FAULT OF HIS OWN.

POINT III

THE OFFICER'S PRE-DETERMINED MIND DOES NOT CONSTITUTE PROBABL[E] CAUSE TO PULL DEFENDANT OVER.

POINT IV

DEFENDANT WAS DENIED HER [S]IXTH [A]MENDMENT CONSTITUTIONAL RIGHT TO CONFRONT HER ACCUSER (not raised below).

POINT V

CHARGES SHOULD BE REVERSED ON THE REFUSAL TO TAKE A BREATH TEST BECAUSE:

1) HE HAD A PRE-DETERMINED MIND WHEN HE WROTE THE TICKET AT THE STOP AT 12:31 AM.

2) THE OFFICER'S TIME ON THE TICKET CONTRADICTS THE TIME AND PLACE THE STATE ALLEGES DEFENDANT WAS READ THE STANDARD STATEMENT, ...


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