State v. Whyte

WILENTZ, C.J., and HANDLER and GARIBALDI, JJ.,

dissenting.

We would reverse, substantially for the reasons expressed in Judge Shebell’s dissenting opinion, reported at 265 N.J.Super. 518, 628 A.2d 340 (1992).

*482For affirmance — Justices CLIFFORD, POLLOCK, O’HERN and STEIN-4

For reversal — Chief Justice WILENTZ and HANDLER and GARIBALDI — 3