STATE OF NEW JERSEY v. CHRISTOPHER TETRO

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0336-05T20336-05T2

STATE OF NEW JERSEY,

Plaintiff-Respondent,

v.

CHRISTOPHER TETRO,

Defendant-Appellant.

_______________________________________

 

Submitted May 17, 2006 - Decided June 5, 2006

Before Judges Conley and Sapp-Peterson.

On appeal the Superior Court of New Jersey, Law Division, Passaic County, 4529.

Damico, Del Sardo & Montanari, attorneys for appellant (Michael E. Damico, on the brief).

James F. Avigliano, Passaic County Prosecutor, attorney for respondent (Terry Bogorad, Senior Assistant Prosecutor, of counsel and on the letter-brief).

PER CURIAM

Defendant appeals a de novo conviction of N.J.S.A. 39:4-50 along with the necessary fines, penalties and license suspension that were imposed. On appeal he contends:

POINT I: A JUDGMENT OF ACQUITTAL IN FAVOR OF THE DEFENDANT SHOULD HAVE BEEN ENTERED BECAUSE THE STATE FAILED TO PROVE BEYOND A REASONABLE DOUBT THE OPERATION OF A MOTOR VEHICLE BY THE DEFENDANT WHILE INTOXICATED CONTRARY TO THE FOURTEENTH AMENDMENT OF THE U.S. CONSTITUTION.

POINT II: THE DEFENDANT'S CONVICTION MUST BE REVERSED BECAUSE THE MUNICIPAL JUDGE IMPROPERLY SHIFTED THE BURDEN OF PROOF IN HIS DECISION IN VIOLATION OF THE DEFENDANT'S FIFTH AND SIXTH AMENDMENT RIGHTS TO A FAIR TRIAL AND FOURTEENTH AMENDMENT RIGHT TO DUE PROCESS.

We have considered these contentions in light of the record, applicable law and the Superior Court judge's findings of facts and conclusions of law. We are convinced they are of insufficient merit to warrant further opinion. R. 2:11-3(e)(1)(A),(E).

 
Affirmed.

(continued)

(continued)

2

A-0336-05T2

June 5, 2006