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Friday, October 31, 2008

10-06-08 State of New Jersey v. John Taimanglo

A-2569-06T2
Part III of the Rules govern municipal appeals in the Law
Division. Defendant must be afforded right to be present and
allocution unless waived on the record. He must also be advised
of right to appeal and State v. Molina, 187 N.J. 531 (2006)
applies in the absence of adherence to R. 3:21-4(h). The
conviction in this case is affirmed because the remand conducted
pending the appeal permitted defendant to raise all issues in
the Law Division and the de novo review cured defects in the
municipal court proceedings.