In State v. Ainis, 317 N.J. Super. 127, 130, 721 A.2d 329 (Law.Div.1998), the issue was whether a hypodermic needle was a "deadly weapon" within the meaning of then newly-adopted 1997 NERA under the particular facts. Defendant entered a "WaWa" convenience store, approached the store clerk "while holding a hypodermic needle in his hand," and "motioning it toward the clerk," stated, "give me all the money unless you want to get AIDS." Ainis, 317 N.J. Super. at 128, 721 A.2d 329. Defendant also said that "if you look at anybody weird, like there is something going wrong, I'll jump over the counter and kill you. Just start pushing buttons, and don't call anyone." Id. at 128-129, 721 A.2d 329. The issue under NERA was novel in our State. The Law Division judge in Ainis adopted the State v. Riley "deadly weapon" analysis and sensibly found that the hypodermic needle used by defendant at the particular time and in the particular manner should be considered a deadly weapon. Id. at 133, 721 A.2d 329. In addition, the Law Division judge found that the "beyond a reasonable doubt" standard applied, id. at 136, 721 A.2d 329.