Opinion
Submitted April 26, 1973 —
Decided May 2, 1973.
Appeal from the Superior Court, Appellate Division.
Messrs. Kleinberg, Moroney, Masterson Schachter, attorneys for appellant ( Mr. Richard B. Goldsmith, on the brief.)
Mr. Joseph D.J. Gourley, Passaic County Prosecutor, attorney for respondent ( Mr. Gary H. Schlyen, Assistant Prosecutor, of counsel.)
This matter having been duly presented to the Court, it is Ordered that certification is granted ( 62 N.J. 324) and the judgment of the Appellate Division is modified to provide that the two convictions shall be deemed to be a single conviction under N.J.S.A. 2A:139-3 and the sentence to be imposed shall be 3-5 years, and, as thus modified, the judgment is affirmed.
For affirmance as modified — Chief Justice WEINTRAUB and Justices JACOBS, PROCTOR, HALL, MOUNTAIN and SULLIVAN and Judge CONFORD — 7.
Opposed — None.