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STATE v. BURFORD

729 A.2d 52 (1999)

321 N.J. Super. 360

STATE of New Jersey, Plaintiff-Appellant, v. William BURFORD, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 21, 1999.

Attorney(s) appearing for the Case

Gary A. Thomas, Assistant Prosecutor, for plaintiff-appellant (Patricia A. Hurt, Essex County Prosecutor, attorney; Mr. Thomas, of counsel and on the brief).

Jacqueline E. Turner, Assistant Deputy Public Defender, for defendant-respondent (Ivelisse Torres, Public Defender, attorney; Ms. Turner, of counsel and on the brief).

Before Judges KING, NEWMAN and FALL.

The opinion of the court was delivered by NEWMAN, J.A.D.

At issue in the State's appeal is whether this second-degree eluding conviction qualifies as a "violent crime" to subject defendant's sentence to the eighty-five percent minimum term of the "No Early Release Act" (the Act), N.J.S.A. 2C:43-7.2. The sentencing judge held the Act inapplicable because defendant, William Burford, did not intend to use the vehicle as a "deadly weapon." We agree and affirm....

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