STATE v. KANE


762 A.2d 677 (2000)

335 N.J. Super. 391

STATE of New Jersey, Plaintiff-Respondent, v. Patrick KANE, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided November 30, 2000.


Attorney(s) appearing for the Case

Marcia Blum, Assistant Deputy Public Defender, argued the cause for appellant (Joel M. Harris, Public Defender, attorney; Ms. Blum, of counsel and on the brief).

Debra A. Owens, Deputy Attorney General, argued the cause for respondent (John J. Farmer, Jr., Attorney General, attorney; Ms. Owens, of counsel and on the brief).

Before Judges BAIME and CARCHMAN.


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

Defendant pled guilty to second degree aggravated assault (N.J.S.A. 2C:12-1b(1)). Following a hearing, the Law Division found that the victim sustained serious bodily injury and, thus, the No Early Release Act (NERA) was applicable. Defendant was sentenced to six years imprisonment, eighty-five percent of which is to be served without parole eligibility.

On appeal, defendant argues: (1) his plea...

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