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STATE v. HERNANDEZ

768 A.2d 1062 (2001)

338 N.J. Super. 317

STATE of New Jersey, Plaintiff-Respondent, v. Richard HERNANDEZ, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 19, 2001.

Attorney(s) appearing for the Case

Donald Horowitz, Hackensack, argued the cause for appellant (Mr. Horowitz and Kelly L. Berton, on the brief).

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

Before Judges STERN and FALL.

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

Defendant entered into a negotiated plea to an accusation charging first degree armed robbery, N.J.S.A. 2C:15-1, and two other offenses, in exchange for the dismissal of other charges, downgrade of the armed robbery for purposes of sentencing (with a maximum seven-year custodial term), and application of the No Early Release Act ("NERA"), N.J.S.A. 2C:43-7.2. He subsequently pled guilty to obstruction...

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