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STATE v. BERGER

258 N.J. Super. 553 (1992)

610 A.2d 892

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JEREMY BERGER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 29, 1992.

Attorney(s) appearing for the Case

James K. Smith, Jr., Deputy Public Defender, argued the cause for appellant (Wilfredo Caraballo, Public Defender, attorney; James K. Smith, Jr., of counsel and on the brief).

Gilbert G. Miller, Assistant Prosecutor, argued the cause for respondent (Nicholas L. Bissell, Jr., Somerset County Prosecutor, attorney; Gilbert G. Miller of counsel; Mildred Vallerini Spiller on the letter brief).

Before Judges HAVEY and STERN.

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

This appeal raises the unresolved question of whether an indeterminate term for a young adult offender, less than 26 years of age, under N.J.S.A. 2C:43-5 imposed on a violation of probation for a third degree crime, violates the principles of State v. Baylass, 114 N.J. 169, 553 A.2d 326 (1989), and State v. Molina, ...

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