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State of New Jersey v. Suvasish Mukherjee

January 9, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT/ CROSS-APPELLANT,
v.
SUVASISH MUKHERJEE, DEFENDANT-APPELLANT, CROSS-RESPONDENT.



On appeal from the Superior Court of New Jersey, Law Division, Bergen County, Municipal Appeal No. 003-17-10.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 25, 2011

Before Judges Messano and Kennedy.

Following a de novo trial in the Law Division, defendant Suvasish Mukherjee was found guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50. The judge imposed the following sentence: two days in an Intoxicated Driver Resource Center; thirty days of community service; a fine of $500; installation of an ignition interlock device; driver's license suspension for two years; and other appropriate financial penalties. Defendant raises the following arguments on appeal:

POINT I

THE ALCOTEST DEVICE WAS IMPROPERLY ADMINISTERED IN VIOLATION OF THE TWO-MINUTE RULE POINT II

THE STATE FAILED TO PROVE BEYOND A REASONABLE DOUBT THE SCIENTIFIC RELIABILITY OF THE ALCOTEST INSTRUMENT USED

A. THE STATE BORE THE BURDEN OF INTRODUCING THE CORE DOCUMENTS

B. IT IS UNDULY PREJUDICIAL, AND CONTRARY TO THE LAW OF THIS STATE, TO REQUIRE THE DEFENDANT TO RAISE THE ISSUE OF THE STATE'S FAILURE TO INTRODUCE REQUIRED EVIDENCE PRE-TRIAL POINT III

THE COURT IMPROPERLY ALLOWED THE STATE TO REOPEN ITS CASE AFTER RESTING, IN VIOLATION OF STATE V. CHUN

POINT IV

THE DEFENDANT HAS BEEN UNDULY PREJUDICED AS A RESULT OF THE ALCOTEST BEING IMPROPERLY ADMITTED, ESPECIALLY IN LIGHT OF THE DEFENDANT BEING NOT GUILTY OF THE SUBJECTIVE PRONG OF DWI BY BOTH THE MUNICIPAL COURT AND LAW DIVISION, CRIMINAL PART The State has cross-appealed, arguing:

THE LAW DIVISION ERRED BY NOT ADDRESSING THE SUBJECTIVE PRONG OF THE DWI STATUTE We have considered these arguments in light of the record and applicable legal standards. We affirm defendant's conviction and sentence ...


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