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State v. Dellisanti

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


June 1, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
FRANK DELLISANTI, DEFENDANT-APPELLANT.

On appeal from Superior Court of New Jersey, Law Division, Morris County, Indictment No. 03-03-0344.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 22, 2007

Before Judges Skillman and Grall.

Defendant was found guilty by a jury of third-degree shoplifting by tampering with a label, in violation of N.J.S.A. 2C:20-11b(3), c(3). The trial court sentenced defendant to a two-year probationary term, conditioned upon service of ninety days jail time, to be satisfied by service in the Sheriff's Labor Assistance Program.

On appeal, we affirmed defendant's conviction and sentence. State v. Dellisanti, No. A-2863-03T4 (App. Div. Jan. 12, 2005).

The Supreme Court denied defendant's petition for certification. 183 N.J. 216 (2005).

Defendant filed a petition for post-conviction relief based on alleged ineffective assistance of counsel and prosecutorial misconduct during the trial. The trial court denied the petition by an oral opinion delivered on April 27, 2006.

On appeal, defendant presents the following arguments:

I. THE MATTER MUST BE REMANDED FOR REARGUMENT FOR FAILURE OF APPELLATE AND PCR COUNSEL TO ASSIST THE DEFENDANT IN SETTING OUT WITH SPECIFICITY THE CLAIMS FOR RELIEF AS REQUIRED BY R. 3:22-8.

II. THE COURT ERRED IN DENYING THE DEFENDANT'S PETITION FOR POST-CONVICTION RELIEF.

Defendant's arguments are clearly without merit and do not warrant any additional discussion beyond what is contained in the trial court opinion denying his petition. R. 2:11-3(e)(2).

Affirmed.

20070601

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