Summary
In State v. Krieger, 96 N.J. 256, 475 A.2d 563 (1984), reversed for reasons expressed in the Appellate Division's dissent, 193 N.J. Super. 568, 475 A.2d 608 (App.Div. 1983), cert. denied, 469 U.S. 1017, 105 S.Ct. 431, 83 L.Ed.2d 358 (1984), two fires of incendiary origins occurred within two weeks of each other at a mattress factory.
Summary of this case from State v. Interest of M.NOpinion
Argued May 1, 1984 —
Decided May 16, 1984.
On appeal from Superior Court, Appellate Division.
Gary H. Schlyen, Assistant Prosecutor, argued the cause for appellant ( Joseph A. Falcone, Passaic County Prosecutor, attorney; Margaret Ann F. Mullins, Assistant Prosecutor, of counsel and on the brief).
Robert A. Jacobson, Designated Counsel, argued the cause for respondent ( Joseph H. Rodriguez, Public Defender, attorney).
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.
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).