Opinion
Argued October 10, 1973 —
Decided October 23, 1973.
Appeal from the Superior Court, Appellate Division.
Mr. David R. Arrajj, Assistant Deputy Public Defender, argued the cause for appellant ( Mr. Stanley C. Van Ness, Public Defender, attorney; Mr. William E. Norris, Assistant Deputy Public Defender, of counsel, Mr. David R. Arrajj, on the brief.
Mr. Kenneth Ply, Assistant Prosecutor, argued the cause for State of New Jersey, ( Mr. Joseph P. Lordi, Essex County Prosecutor, attorney.)
The judgment of the Appellate Division is reversed essentially for the reasons given by Judge Botter in his dissenting opinion, reported at 125 N.J. Super. 278 (App.Div. 1973).
For reversal — Justices JACOBS, SULLIVAN, PASHMAN and CLIFFORD, and Judge CONFORD — 5.
For affirmance — None.