State v. Blow

O’HERN, J.,

dissenting.

For the reasons set forth in my dissenting opinion in State v. Gonzalez, 123 N.J. 462, 588 A.2d 816 (1991), I would affirm so much of the judgment below that denied merger of the N.J.S.A. 2C:35-5 and N.J.S.A. 2C:35-7 offenses.

GARIBALDI, J., joins in this opinion.

For reversal and remandment — Chief Justice WILENTZ, and Justices CLIFFORD, HANDLER, POLLOCK and STEIN — 5.

For affirmance — Justices O’HERN and GARIBALDI — 2.