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STATE v. POWELL

98 N.J. 63 (1984)

484 A.2d 659

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. PATRICK JAMES POWELL, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided September 27, 1984.

Attorney(s) appearing for the Case

Steven J. Kaflowitz, Assistant Prosecutor, argued the cause for appellant (John H. Stamler, Union County Prosecutor, attorney; Brian D. Gillet, Assistant Prosecutor, of counsel and on the brief).

Edward P. Hannigan, Assistant Deputy Public Defender, argued the cause for respondent (Joseph H. Rodriguez, Public Defender, attorney).

Patricia E. Stern, Deputy Attorney General, argued the cause for amicus curiae Attorney General (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Linda J. Wharton and Allan J. Nodes, Deputy Attorneys General, of counsel; Linda J. Wharton, on the brief).

PER CURIAM.

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).

For reversal — Chief Justice WILENTZ, and Justices CLIFFORD, SCHREIBER, HANDLER, POLLOCK, O'HERN and GARIBALDI — 7.

For affirmance...

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