PER CURIAM.
The judgment of the Appellate Division is reversed substantially for the reasons expressed in Judge Ashbey’s concurring and dissenting opinion, reported at 231 N.J.Super. at 269, 555 A.2d 667 (1989).
STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. RORY SCOTT, DEFENDANT-RESPONDENT
118 N.J. 406571 A.2d 1304
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Opinion
CLIFFORD, J.,
dissenting.
I would affirm the judgment of the Appellate Division substantially for the reasons expressed in Judge Brody’s opinion, reported at 231 N.J.Super. 258, 555 A.2d 667 (1989). For reversal — Chief Justice WILENTZ and Justices HANDLER, POLLOCK, O’HERN, GARIBALDI and STEIN — 6.
For affirmance — Justice CLIFFORD — 1.