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STATE v. HERNANDEZ

78 N.J. 541 (1979)

397 A.2d 328

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. FRANCISCO HERNANDEZ AND WALTER RUTKOWSKI, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided February 5, 1979.

Attorney(s) appearing for the Case

Mr. Francis P. DeStefano, Assistant Prosecutor, argued the cause for appellant (Mr. James T. O'Halloran, Hudson County Prosecutor, attorney).

Mr. Thomas A. Penn, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Mr. John J. Degnan, Attorney General of New Jersey, attorney pro se).

Mr. Stanford M. Singer, Assistant Deputy Public Defender, argued the cause for respondent Hernandez (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Isidore Hornstein argued the cause for respondent Rutkowski.

PER CURIAM.

The judgment is affirmed substantially for the reasons expressed in the majority opinion of the Appellate Division, reported at 159 N.J.Super. 304 (1978).

PASHMAN, J., concurring.

I concur fully in this Court's affirmance of the Appellate Division majority. I write separately merely to emphasize what I consider to be the crucial factors in the case. N.J.S.A. 24:21-24(a) was enacted to alter...

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