E324 January 1, 2010

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made changes in Probate and the administration of estates and trusts. Please email us if you plan on attending. The year 2009 was an exciting year. Kenneth Vercammen was the keynote speaker for the Annual Estate Planning Forum sponsored by the NJ Institute for Continuing Legal Education and lectured at the American Bar Association ABA meeting on Internet Crimes. In October, he was a speaker at the NJ State Bar Association program, “Handling Drug, DWI & Serious Motor Vehicle Violations. Ken’s son Brendan was District wrestling champ and Region champ at 171 lbs, and daughter Shannon has an A average. South Brunswick Varsity wrestling 2010 schedule Wed Thu Sat Sat Sat Sat Sat 4.

01/06/10 01/07/10 01/09/10 01/09/10 01/16/10 01/16/10 01/16/10

PERTH AMBOY Woodbridge High School @ Montgomery Township Schools @ Old Bridge High School Edison High School Kittatinny Regional H. S. Sayreville War Memorial High School

Destruction of Video Tape may Permit DWI Defendant to Vacate Guilty Plea. State v. Mustaro ___ NJ Super ___ (App. Div. 2009) 14­2­ 6169 12/14/09

The court considered defendant’s appeal from the denial of a post­sentence 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, 107­09 (1991), the court concluded 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 the court further concluded 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).

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