State v. Bruno Gibson (072257)

Judge CUFF

(temporarily assigned) delivered the opinion of the Court.

Defendant Bruno Gibson was convicted of driving under the influence (DUI), in violation of N.J.S.A. 39:4-50. At trial, the conviction was entered solely on the basis of evidence elicited at a pre-trial hearing to suppress the fruits of the stop and subsequent arrest. The Appellate Division reversed defendant’s conviction, and entered a judgment of acquittal, holding that a trial court sitting as a fact-finder in a quasi-criminal matter may not rely on the evidence heard in a pre-trial suppression hearing as proof of guilt in…