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STATE v. NEWMAN

740 A.2d 153 (1999)

325 N.J. Super. 556

STATE of New Jersey, Plaintiff-Respondent, v. Michael NEWMAN, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided November 5, 1999.

Attorney(s) appearing for the Case

Ivelisse Torres, Public Defender, for defendant-appellant (J. Michael Blake, Assistant Deputy Public Defender, of counsel and on the brief).

John J. Farmer, Jr., Attorney General, for plaintiff-respondent (Christine M. D'Elia, Deputy Attorney General, of counsel and on the brief).

Before Judges MUIR, Jr., WALLACE, Jr., and CUFF.

The opinion of the court was delivered by MUIR, Jr., P.J.A.D.

This appeal requires us to determine whether the No Early Release Act (Act), N.J.S.A. 2C:43-7.2, applies to defendant's conviction for reckless manslaughter and, if so, whether the Act's mandatory 85% minimum parole ineligibility provision violates the proscriptions against cruel and unusual punishment contained in the United States and New Jersey Constitutions. We conclude the Act applies to defendant...

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