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State v. Russo

December 10, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
VITO RUSSO, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 97-02-0209.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted November 8, 2007

Before Judges Lisa and Simonelli.

Defendant Vito Russo appeals from the September 5, 2006, order denying his petition for post-conviction relief (PCR). On this appeal, defendant raises the following arguments:

POINT I

THE LOWER COURT ORDER MUST BE REVERSED SINCE THE SENTENCE WAS ILLEGAL DUE TO THE IMPOSITION OF CONSECUTIVE TERMS AND AN AGGREGATE SENTENCE WHICH IS EXCESSIVE.

POINT II

THE LOWER COURT ORDER MUST BE REVERSED SINCE THE PLEA WAS NOT MADE VOLUNTARILY AND KNOWINGLY.

POINT III

THE LOWER COURT ORDER MUST BE REVERSED IN LIGHT OF NUMEROUS ADDITIONAL ERRORS.

POINT IV

THE LOWER COURT ERRED IN NOT CONDUCTING AN EVIDENTIARY HEARING AND THE LOWER COURT ORDER ...


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