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Submitted October 31, 2000

This is another in what seems to be a steady stream of cases interpreting and applying the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, which requires that one convicted of a first or second degree “violent crime” is ineligible for parole release until he or she has served eighty-five percent of the sentence imposed for that crime. See, e.g., State v. Burford, 163 N.J. 16 (2000); State v. Austin, ____ N.J. Super. ____ (App. Div. 2000); State v. Mosley, 335 N.J. Super. 144 (App. Div. 2000); State v. Thomas, 322 N.J. Super. 512 (App. Div. 1999). The case bears some similarity to Burford, where the Court held NERA inapplicable to one driving recklessly while attempting to elude the police. However, the facts here are significantly different. Defendant used his automobile intentionally, as a battering ram to try to move a police vehicle which had blocked him in to effect his arrest. Under those circumstances we are satisfied that, unlike Burford, the defendant was using his vehicle as a “deadly weapon.” Thus, we agree with the trial court’s conclusion that NERA applies, and accordingly, we affirm.

 
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