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STATE v. CULLUM

769 A.2d 1091 (2001)

338 N.J. Super. 458

STATE of New Jersey, Plaintiff-Respondent, v. Kathleen CULLUM, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 29, 2001.

Attorney(s) appearing for the Case

Peter A. Garcia, Acting Public Defender, for appellant (Donald T. Thelander, Assistant Deputy Public Defender, of counsel and on the brief).

John J. Farmer, Jr., Attorney General of New Jersey, for respondent (Deborah Bartolomey, Deputy Attorney General, of counsel and on the brief).

Before Judges BAIME, CARCHMAN and LINTNER.

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

This appeal requires us to determine, for the first time in a reported opinion, whether a defendant who is convicted of drug-induced death, N.J.S.A. 2C:35-9, is subject to the eighty-five percent period of parole ineligibility provisions of the No Early Release Act, N.J.S.A. 2C:43-7.2 (NERA). We hold that a drug-induced death qualifies as a violent crime under the provisions of NERA and therefore...

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