January 4, 1996
STATE OF NEW JERSEY, PLAINTIFF-PETITIONER,
ROOSEVELT JOHNSON, DEFENDANT-RESPONDENT.
ON PETITION FOR CERTIFICATION
To the Appellate Division, Superior Court:
A petition for certification of the judgment in A-4559-93 having been submitted to this Court, and the Court having considered the same;
It is ORDERED that the petition for certification is granted, and the judgment of the Appellate Division is summarily modified to provide that the matter be remanded to the trial court to conduct a hearing to determine whether there was a legitimate factual basis for defendant's objection to the laboratory certificate; and it is further
ORDERED that retrial of the matter is contingent on a determination by the trial court that there was a legitimate factual basis for defendant's objection.
Jurisdiction is not retained.
WITNESS, the Honorable Robert N. Wilentz, Chief Justice, at Trenton, this 3rd day of January, 1996.