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STATE v. PAROLIN

793 A.2d 638 (2002)

171 N.J. 223

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

Supreme Court of New Jersey.

Decided March 27, 2002.

Attorney(s) appearing for the Case

Richard E. Incremona, Assistant Prosecutor, argued the cause for appellant (John A. Kaye, Monmouth County Prosecutor, attorney; Mary R. Juliano, Assistant Prosecutor, of counsel and on the brief).

Andrew T. Walsh argued the cause for respondent (Waldman & Moriarty, attorneys; Charles M. Moriarty, Red Bank, on the letter in lieu of brief).

Carol M. Henderson, Assistant Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (David N. Samson, Attorney General, attorney; Melaney S. Payne, Deputy Attorney General, of counsel and on the brief).

The opinion of the Court was delivered by COLEMAN, J.

This case requires us to determine whether the parole ineligibility requirement of the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, applies to a second-degree conviction for possession of a firearm with the purpose to use it unlawfully against another person, a violation of N.J.S.A. 2C:39-4a. In State v. Thomas, 166 N.J. 560, 573, 767 A.2d...

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