STATE OF NEW JERSEY V. STEVEN MUSTARO
A-2582-08T4 12-14-09
We consider defendant's appeal from the denial of a post-
sentence motion to vacate his plea of guilty to driving while
intoxicated. The motion was predicated on a claim that the
State withheld exculpatory evidence, but by the time the motion
was filed the evidence — a videotape recorded by the camera in
the arresting officer's patrol car — had been destroyed through
reuse in accordance with the police department's procedures.
Applying State v. Parsons, 341 N.J. Super. 448 (App. Div. 2001)
and State v. Marshall, 123 N.J. 1, 107-09 (1991), we conclude
that defendant failed to establish that he would not have
admitted to driving if he had access to the videotape prior to
the plea, and we further conclude that the denial of his motion
was fully consistent with a proper application of the principles
set forth in State v. Slater, 198 N.J. 145 (2009).
