(dissenting). I dissent. I would not reverse and remand this case because I believe that leave to appeal was improvidently granted. I am not persuaded that the decision of the Court of Appeals was clearly erroneous or that defendant has suffered any injustice in this case.
Further, I do not support the majority’s discussion regarding possible referral of the trial judge to the Judicial Tenure Commission.
Hathaway, J., concurred with Weaver, J.