Argued December 13, 1977 —
Decided March 9, 1978.
On appeal from the Superior Court, Appellate Division.
Mr. Stephen R. Knox, Assistant Prosecutor, argued the cause for appellant ( Mr. Joseph P. Lordi, Essex County Prosecutor, attorney).
Mr. Joseph W. Gallagher argued the cause for respondent ( Mr. Samuel R. DeLuca, attorney).
The members of the Court being equally divided, the judgment of the Appellate Division, 157 N.J. Super. 26 is affirmed.
For affirmance — Chief Justice HUGHES and Justices PASHMAN and CLIFFORD — 3.
For reversal — Justices SULLIVAN, SCHREIBER and HANDLER — 3.