
    STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ALLEN L. ANDERSON, DEFENDANT-RESPONDENT.
    Argued May 9, 1972
    Decided May 9, 1972.
    
      
      Mr. Alfred J. Luciani, Deputy Attoreny General argued the cause for appellant {Mr. George F. Kugler, Jr., Attorney General, attorney).
    
      Mr. Arthur Penn, Pirst Assistant Deputy Public Defender, argued the cause for respondent {Mr. Stanley 0. Van Ness, Public Defender, attorney).
   Pee Cueiam.

The petition for certification is granted and the judgment of the Appellate Division is affirmed except with respect to the issue relating to the identification of the defendant and, as to that matter, the judgment of the Appellate Division is modified for the reasons given by Judge Labrecque in his concurring opinion. State v. Anderson, 117 N. J. Super. 507, 522 (1971).

For affirmance as modified—-Chief Justice Weinteaub and Justices Jacobs, Peancis, Peootoe, Hall, Sohettino and Mountain—-7.

For reversal—-None.  