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STATE v. NATALE

861 A.2d 148 (2004)

373 N.J. Super. 226

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

Superior Court of New Jersey, Appellate Division.

Decided November 17, 2004.

Attorney(s) appearing for the Case

Edward J. Crisonino, Cherry Hill, argued the cause for appellant.

Jeanne Screen, Deputy Attorney General, argued the cause for respondent State of New Jersey (Peter C. Harvey, Attorney General, attorney; Ms. Screen, of counsel and on the brief). Linda Mehling, Assistant Deputy Public Defender, and Steven G. Sanders argued the cause for amici curiae Office of the Public Defender and Association of Criminal Defense Lawyers of New Jersey (Yvonne Smith Segars, Public Defender, and Arsenault Fassett & Mariano, attorneys); Mr. Sanders, Ms. Mehling and Marcia Blum, Assistant Deputy Public Defender, of counsel and on the joint brief.

Before Judges STERN, COBURN and WECKER.

The opinion of the court was delivered by

STERN, P.J.A.D.

On remand from the Supreme Court, and after the State declined to try defendant on the No Early Release Act (NERA) predicates for second-degree aggravated assault, defendant was sentenced for second-degree aggravated assault to a nine-year term with four and one-half years to be served before parole eligibility.1 He also received concurrent five-year sentences for third...

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