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STATE v. AUSTIN

762 A.2d 1052 (2000)

335 N.J. Super. 486

STATE of New Jersey, Plaintiff-Respondent, v. Gilbert AUSTIN, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 13, 2000.

Attorney(s) appearing for the Case

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

John J. Farmer, Jr., Attorney General, attorney for respondent (Teresa A. Blair, Deputy Attorney General, of counsel and on the brief).

Before Judges PRESSLER, KESTIN and ALLEY.

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

This appeal once again raises an issue respecting the scope of the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. More specifically, the question now before us is whether an inoperable BB gun used in the commission of a robbery is a deadly weapon as defined by N.J.S.A. 2C:43-7.2d. Although we acknowledge that an inoperable BB gun constitutes a deadly weapon for purposes of elevating a robbery...

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