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STATE v. MOSLEY

761 A.2d 130 (2000)

335 N.J. Super. 144

STATE of New Jersey, Plaintiff-Respondent, v. Shaun L. MOSLEY, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided November 17, 2000.

Attorney(s) appearing for the Case

Ivelisse Torres, Public Defender, attorney for appellant, (M. Virginia Barta, Assistant Deputy Public Defender, of counsel and on the brief).

John J. Farmer, Jr., Attorney General, attorney for respondent, (Daniel I. Bornstein, 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 implicates the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, which requires imposition of a mandatory parole ineligibility term of eighty-five percent of the term imposed if defendant has been convicted of a violent crime of the first or second degree as defined by section d. of that statute. The appeal requires us to address the nature, scope and evidentiary premises of the hearing...

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