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STATE v. PAROLIN

770 A.2d 1204 (2001)

339 N.J. Super. 10

STATE of New Jersey, Plaintiff-Appellant, v. Brian PAROLIN, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 2, 2001.

Attorney(s) appearing for the Case

John Kaye, Monmouth County Prosecutor, for appellant (Mary R. Juliano, Assistant Prosecutor, of counsel and on the brief).

Waldman & Moriarty, attorneys for respondent (Andrew T. Walsh, on the brief).

Before Judges SKILLMAN, CONLEY and WECKER.

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

The issue presented by this appeal is whether the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, applies to a sentence for second-degree possession of a weapon for an unlawful purpose if the conviction was based on conduct that involved the use or threat of immediate use of a deadly weapon.

Defendant was indicted for second-degree aggravated assault, in violation of N.J.S.A. 2C:12...

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