State v. Baker
| Decision Date | 27 October 1994 |
| Citation | 138 N.J. 89,648 A.2d 1127 |
| Parties | STATE of New Jersey, Plaintiff-Respondent, v. James BAKER, Defendant-Appellant. |
| Court | New Jersey Supreme Court |
On appeal from the Superior Court, Appellate Division, whose opinion is reported at 270 N.J.Super. 55, 636 A.2d 553 (1994).
Robert L. Sloan, Asst. Deputy Public Defender, for appellant (Susan L. Reisner, Acting Public Defender, attorney).
Robert A. Suarez, Asst. Prosecutor, for respondent (Andrew K. Ruotolo, Jr., Union County Prosecutor, attorney; Mr. Suarez and Steven J. Kaflowitz, Assistant Prosecutor, of counsel, and on the letter brief).
Janet Flanagan, Deputy Atty. Gen., on behalf of amicus curiae, Atty. Gen. (Deborah T. Poritz, Atty. Gen., attorney).
The judgment is affirmed, substantially for the reasons expressed in Judge Skillman's majority opinion for the Appellate Division, reported at 270 N.J.Super. 55, 636 A.2d 553 (1994).
O'HERN, J., dissenting.
I would reverse, substantially for the reasons expressed in Judge Kestin's dissenting opinion, reported at 270 N.J.Super. 79, 636 A.2d 553 (1994).
For affirmance--Chief Justice WILENTZ, and Justices CLIFFORD, HANDLER, POLLOCK, GARIBALDI and STEIN--6.
For reversal--Justice O'HERN--1.
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