On appeal from the Superior Court, Appellate Division, whose opinion is reported at N.J. Super. (1983).
For reversal -- Chief Justice Wilentz, and Justices Clifford, Schreiber, Handler, Pollock, O'Hern and Garibaldi. For affirmance -- none.
The judgment of the Appellate Division is reversed, substantially for the reasons expressed in the dissenting opinion of Judge Shebell, reported at 197 N.J. Super. 191, 194 (1983).
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION
STATE OF NEW JERSEY, Plaintiff-Appellant, v. PATRICK JAMES POWELL, Defendant-Respondent.
Argued October 13, 1983 -- Decided NOV 2 1983
Before Judges Matthews, Gaulkin and Shebell, J.S.C., t/a
On appeal from the Superior Court, Law Division, Union County.
Raymond J. Zeltner, Assistant Prosecutor, argued the cause for appellant (John H. Stamler, Union County Prosecutor, attorney; Maris Konray, Assistant Prosecutor, on the brief).
Edward P. Hannigan, Assistant Deputy Public Defender, argued the cause for respondent (Joseph H. Rodriguez, Public Defender, attorney; Stephen E. Serbe, ...