State v. Locurto

The opinion of the Court was delivered by

COLEMAN, J.

This appeal involves a conviction for driving while intoxicated (DWT). Both the East Brunswick Township Municipal Court and the Law Division found the testimony of the arresting police officer to be more credible than the testimony of defendant. The Appellate Division in a published opinion reversed the conviction after rejecting the lower courts’ credibility determinations. 304 N.J.Super. 514, 701 A.2d 702 (1997). The primary issue before us is whether the Appellate Division exceeded the scope of its appellate review. We granted the State’s…