State v. Wright

FRITZ, P.J.A.D.

(dissenting).

It is with considerable trepidation that I begin this effort, since I swim against the tide, not only of two judges on my Part but also of three on another. State v. Gately, 204 N.J.Super. 332 (App.Div.1985). Add to that the seductive persuasion of Gately and of the majority here and a dissenter begins to doubt his own serious convictions. Were my convictions less strong than they are, I would have succumbed long before this.

But I am satisfied that the majority has tripped over a stumbling block so small as to be unnoticed yet sufficiently cataclysmic to defeat the…