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STATE v. WEBSTER

892 A.2d 688 (2006)

383 N.J. Super. 432

STATE of New Jersey, Plaintiff-Respondent, v. Abdul WEBSTER, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 24, 2006.

Attorney(s) appearing for the Case

Yvonne Smith Segars, Public Defender, attorney for appellant (Barbara A. Hedeen, Assistant Deputy Public Defender, of counsel and on the brief).

Nancy Kaplen, Acting Attorney General, attorney for respondent New Jersey Parole Board1 (Patrick DeAlmeida, Assistant Attorney General, of counsel, and Lisa A. Puglisi, Deputy Attorney General, on the brief).

Before Judges SKILLMAN, AXELRAD and PAYNE.

The opinion of the court was delivered by

PAYNE, J.A.D.

Defendant Abdul Webster has appealed from his sentence of six years in custody with an eighty-five percent period of parole ineligibility, imposed pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, following his plea of guilty to second-degree aggravated assault.

The Parole Board interprets NERA to preclude the application of commutation and work credits to the "front end...

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