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MEYER v. NEW JERSEY STATE PAROLE BD.

785 A.2d 465 (2001)

345 N.J. Super. 424

David MEYER, Plaintiff-Appellant, v. NEW JERSEY STATE PAROLE BOARD, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 5, 2001.

Attorney(s) appearing for the Case

J. Michael Blake, Assistant Deputy Public Defender, argued the cause for appellant (Ivelisse Torres, Public Defender, attorney; Mr. Blake, of counsel and on the brief).

Gregory A. Spellmeyer, Deputy Attorney General, argued the cause for respondent (John J. Farmer, Jr., Attorney General, attorney; Michael J. Haas, Assistant Attorney General, of counsel; Mr. Spellmeyer, on the brief).

Before Judges PETRELLA, STEINBERG and ALLEY.

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

This appeal implicates the interplay of an award of gap-time credit pursuant to N.J.S.A. 2C:44-5(b)(2) and the eighty-five percent period of parole ineligibility mandated by the No Early Release Act, N.J.S.A. 2C:43-7.2 (NERA). David Meyer is currently serving a twelve-year sentence of incarceration imposed as a result of his conviction for first-degree robbery.2...

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