State v. Baker

O’HERN, J.,

dissenting.

I would reverse, substantially for the reasons expressed in Judge Kestin’s dissenting opinion, reported at 270 N.J.Super. 79, 636 A.2d 553 (1994).

For affirmance — Chief Justice WILENTZ, and Justices CLIFFORD, HANDLER, POLLOCK, GARIBALDI and STEIN — 6.

For reversal — Justice O’HERN — 1.