Opinion
No. A-32, September Term 1999.
Argued February 14, 2000.
Decided March 8, 2000.
On appeal from the Superior Court, Appellate Division, whose opinion is reported at 321 N.J. Super. 96, 728 A.2d 279 (1999).
James L. McConnell, Assistant Prosecutor, argued the cause for appellant ( Wayne J. Forrest, Somerset County Prosecutor, attorney; Mr. McConnell and Marina S. Peck, Assistant Prosecutor, on the brief).
Linda Mehling, Assistant Deputy Public Defender, argued the cause for respondent Israel Padilla ( Ivelisse Torres, Public Defender, attorney).
Cecelia Urban, Assistant Deputy Public Defender, argued the cause for respondent Edward Feliciano ( Ivelisse Torres, Public Defender, attorney).
This matter has come to the Supreme Court through different procedural avenues. The Court denied defendant's petitions for certification, which related to the unanimous portion of the Appellate Division's judgment. 162 N.J. 198, 743 A.2d 850 ;(1999). Based on the partial dissent filed in the Appellate Division and reported at 311 N.J. Super. at 112, 728 A.2d 279 (1999), the State filed an appeal as of right pursuant to Rule 2:2-1(a)(2). In respect of that appeal, the judgment of the Appellate Division is affirmed, substantially for the reasons expressed in Judge Kleiner's majority opinion, reported at 321 N.J. Super. 96, 728 A.2d 279 (1999). For affirmance — Chief Justice PORITZ and Justices O'HERN, STEIN, COLEMAN, LONG, VERNIERO and LaVECCHIA — 7.
Opposed — None.