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Tuesday, March 06, 2012

STATE OF NEW JERSEY VS. EDWARD F. SYLVIA, JR. A-3477-10T1

STATE OF NEW JERSEY VS. EDWARD F. SYLVIA, JR.

A-3477-10T1

Defendant was found guilty of driving while under the

influence, N.J.S.A. 39:4-50, and refusal to submit to a breath

test, N.J.S.A. 39:4-50.4a. On appeal to the Law Division,

defendant first challenged the territorial jurisdiction of the

municipal court. We conclude that the claim should be assessed

under the standards applicable in criminal prosecutions as set

forth in State v. Denofa, 187 N.J. 24, 44, 46 (2006), and find

the evidence of jurisdiction adequate. 02-22-12