STATE v. BASKERVILLE


73 N.J. 230 (1977)

374 A.2d 441

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. VINCENT BASKERVILLE, DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

The Supreme Court of New Jersey.

Decided May 11, 1977.


Attorney(s) appearing for the Case

Mr. Richard Mackay, Assistant Prosecutor, argued the cause for plaintiff-appellant and cross-respondent (Mr. James T. O'Halloran, Hudson County Prosecutor, attorney; Mr. Mackay, of counsel and on the brief).

Mr. Eric A. Summerville argued the cause for defendant-respondent and cross-appellant (Mr. Jon P. Campbell, on the brief).

Mr. Ezra D. Rosenberg, Assistant Deputy Public Defender, argued the cause for amicus curiae Public Defender (Mr. Stanley C. VanNess, Public Defender, attorney; Mr. David R. Arrajj, Assistant Deputy Public Defender, of counsel; Mr. Rosenberg, of counsel and on the brief).

Mr. David S. Baime, Deputy Attorney General, argued the cause for amicus curiae Attorney General (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Baime and Mrn Richard W. Berg, Deputy Attorney General, of counsel; Mr. Edgar F. Devine, Jr., Deputy Attorney General, of counsel and on the brief).


The opinion of the court was delivered by CLIFFORD, J.

We granted motions on behalf of the State and defendant for leave, respectively, to appeal and cross-appeal from the judgment of the Appellate Division incorporating two separate determinations. 139 N.J.Super. 389 (1976). The first ruling was to the effect that given the ambiguous nature of a stipulation1 prepared by the State governing the...

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