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STATE v. JULES

784 A.2d 722 (2001)

345 N.J. Super. 185

STATE of New Jersey, Plaintiff-Respondent, v. Cirilien JULES, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided November 7, 2001.

Attorney(s) appearing for the Case

Peter A. Garcia, Acting Public Defender, attorney for appellant (Michael O. Dermody, Designated Counsel, of counsel and on the brief).

Fred J. Theemling, Jr., Hudson County Prosecutor, attorney for respondent (Leonardo V. Rinaldi, Assistant Prosecutor, on the brief).

Appellant filed a pro se supplemental brief.

Before Judges WEFING, CIANCIA and PARRILLO.

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

The significant issue addressed by this opinion is whether a sentence may be imposed pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, upon a defendant who attempts a robbery while armed with a handgun that is operable but unloaded. We find that NERA is applicable in these circumstances and overrule State v. Spahle, 343 N.J.Super. 149, ...

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