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STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. LAWRENCE KRIEGER,DEFENDANT-RESPONDENT.

PER CURIAM.

The judgment of the Appellate Division is reversed, substantially for the reasons expressed in the dissenting opinion of Judge Michels, reported at 193 N.J. Super. 568, 579 (1983).

For reversal — Chief Justice WILENTZ, and Justices SCHREIBER, O'HERN and GARIBALDI — 4.

For affirmance — Justices CLIFFORD, HANDLER and POLLOCK — 3.

CLIFFORD, HANDLER, and POLLOCK, JJ., dissenting:

We would affirm the judgment of the Appellate Division substantially for the reasons expressed in the opinion of the majority of that court, reported at 193 N.J. Super. 568 (1983).

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STATE v. KRIEGER
(May 16, 1984)