Decided: February 9, 1978.
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
EVARISTO QUINONES, DEFENDANT-APPELLANT
On certification to the Superior Court, Appellate Division, whose opinion is reported at 140 N.J. Super. 237 (1976).
For affirmance -- Chief Justice Hughes and Justices Sullivan, Pashman and Handler. For modification -- Justices Clifford and Schreiber.
[75 NJ Page 391]
The judgment is affirmed substantially for the reasons expressed in the opinion of the Appellate Division.
Justices Clifford and Schreiber would modify the judgment below for the reasons set forth in their dissenting opinion in State v. Jenkins, 75 N.J. 392, decided this day, by vacating the additional sentence of five to seven years for being armed in the commission of manslaughter.