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STATE v. NATALE

834 A.2d 1024 (2003)

178 N.J. 51

STATE of New Jersey, Plaintiff-Appellant and Cross-Respondent, v. Michael J. NATALE, Defendant-Respondent nd Cross-Appellant.

Supreme Court of New Jersey.

Decided November 20, 2003.

Attorney(s) appearing for the Case

Teresa M. Garvey, Assistant Prosecutor, argued the cause for appellant and cross-respondent (Vincent P. Sarubbi, Camden County Prosecutor, attorney).

Edward J. Crisonino, Cherry Hill, argued the cause for respondent and cross-appellant.

Jeanne Screen, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Peter C. Harvey, Attorney General, attorney).

Steven G. Sanders, Secaucus, argued the cause for amici curiae Association of Criminal Defense Lawyers of New Jersey and The American Civil Liberties Union of New Jersey (Arseneault & Fassett and Edward L. Barocas, Legal Director, The American Civil Liberties Union of New Jersey, attorneys; Mr. Sanders, Mr. Barocas and J.C. Salyer, of counsel and on the briefs).

PER CURIAM.

The judgment is affirmed, substantially for the reasons expressed in Judge Conley's opinion in the Appellate Division, reported at 348 N.J.Super. 625, 792 A.2d 565 (2002). We add only these brief comments.

On remand, the State may elect not to proceed to a trial on a NERA predicate in which case the trial court must resentence defendant without application of NERA. In the...

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