Opinion
Argued March 13, 1990 —
Decided April 3, 1990.
On appeal from the Superior Court, Law Division, Monmouth County.
Thomas F. Scully, First Assistant Deputy Public Defender, argued the cause for appellant ( Thomas S. Smith, Jr., Acting Public Defender, attorney; Thomas F. Scully and Donald J. McCauley, Assistant Deputy Public Defender, of counsel and on the briefs).
Mark P. Stalford, Assistant Prosecutor, argued the cause for respondent ( John Kaye, Monmouth County Prosecutor, attorney).
The judgment 229 N.J. Super. 256, 551 A.2d 191 is reversed, substantially for the reasons expressed in the opinion of the Appellate Division in State v. Joseph Clay, reported at 230 N.J. Super. 509, 553 A.2d 1356 (1989).
For reversal — Chief Justice WILENTZ and Justices CLIFFORD, HANDLER, POLLOCK, O'HERN, GARIBALDI and STEIN — 7.
For affirmance — None.