Opinion
A-20 September Term 2002
Argued March 18, 2003
Decided April 8, 2003
On certification to the Superior Court, Appellate Division, whose opinion is reported at 351 N.J. Super. 93 (2002).
Hillary K. Horton, Deputy Attorney General, argued the cause for appellant (Peter C. Harvey, Acting Attorney General of New Jersey, attorney; Ms. Horton and James F. Smith, Assistant Atlantic County Prosecutor, on the briefs).
Bernadette N. DeCastro, Acting Deputy Public Defender II, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney).
Mitchell E. Ignatoff argued the cause for amicus curiae, Association of Criminal Defense Lawyers of New Jersey.
The judgment is affirmed, substantially for the reasons expressed in Judge Weissbard's opinion of the Appellate Division, reported at 351 N.J. Super. 93 (2002).
CHIEF JUSTICE PORITZ and JUSTICES COLEMAN, LONG, VERNIERO, LaVECCHIA, and ZAZZALI join in this opinion. JUSTICE ALBIN did not participate.