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STATE v. POWERS

72 N.J. 346 (1977)

370 A.2d 854

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ARMAND D. POWERS, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 14, 1977.

Attorney(s) appearing for the Case

Mr. Mart Vaarsi, Deputy Attorney General, argued the cause for appellant (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Mr. Philip A. Kahn, designated counsel, argued the cause for respondent (Mr. Stanley Van Ness, Public Defender, attorney).

PER CURIAM.

The judgment is affirmed substantially for the reasons expressed in the majority opinion of the Appellate Division, State v. Gaines, 147 N.J.Super. 84.

CLIFFORD, J., dissenting.

The trial judge held inadmissible the statements under scrutiny here. The testifying witness was the arresting officer. Defendant Powers sought to introduce what his non-appearing co-defendant, Phillips, told the...

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