State v. Berger

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, 114 N.J. 181, 553 A.2d 332 (1989). The appeal requires analysis of that issue in the context of a contention that, at *555least with respect to some third degree crimes, primary parole eligibility occurs later in time on an…