Summary
adopting the dissenting opinion of Judge D'Annunzio
Summary of this case from State v. CathcartOpinion
Argued February 17, 1993 —
Decided April 8, 1993.
Appeal from Superior Court, Appellate Division.
Robin Parker, Deputy Attorney General, argued the cause for appellant ( Robert J. Del Tufo, Attorney General of New Jersey, attorney).
Stephen W. Kirsch, Assistant Deputy Public Defender, argued the cause for respondent ( Zulima V. Farber, Public Defender, attorney).
The judgment is reversed, substantially for the reasons expressed in Judge D'Annunzio's dissenting opinion for the Appellate Division, reported at 263 N.J. Super. 296, 622 A.2d 1306 (1992).
For reversal — Chief Justice WILENTZ and Justices CLIFFORD, HANDLER, POLLOCK, O'HERN, GARIBALDI and STEIN — 7.
For affirmance — None.