STATE v. POWELL

Steven J. Kaflowitz, Assistant Prosecutor, argued the cause for appellant ( John H. Stamler, Union County Prosecutor, attorney

Brian D. Gillet, Assistant Prosecutor, of counsel

on the brief). Edward P. Hannigan, Assistant Deputy Public Defender, argued the cause for respondent ( Joseph H. Rodriguez, Public Defender, attorney). Patricia E. Stern, Deputy Attorney General, argued the cause for amicus curiae Attorney General ( Irwin I. Kimmelman, Attorney General of New Jersey, attorney

Linda J. Wharton

Allan J. Nodes, Deputy Attorneys General, of counsel

Linda J. Wharton, on the brief).