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State v. Leak

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


February 4, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JAMES LEAK, DEFENDANT-APPELLANT.

On appeal from the Superior Court of New Jersey, Law Division, Union County, 94-01-0133.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 23, 2008

Before Judges Coburn and Chambers.

Defendant, James Leak, appeals from an order denying his motion for a new trial based on newly discovered evidence. We affirm.

In 1994, defendant, James Leak, was tried before a jury, which found him guilty of murder and other related offenses. He received an aggregate sentence of imprisonment for life plus five years with 32 1/2 years of parole ineligibility. We affirmed, and the Supreme Court denied certification. In 1999, defendant sought post-conviction relief. It was denied, and we affirmed. Defendant filed his motion for a new trial in 2006, and Judge Wertheimer denied the motion by order dated January 30, 2006. The order was accompanied by a letter opinion also dated January 30, 2006.

On appeal, defendant contends the Judge Wertheimer erred in denying the new trial motion. After carefully considering the record and briefs, we are satisfied that defendant's arguments are without sufficient merit to warrant discussion in a written opinion, R. 2:11-3(e)(2), and we affirm substantially for the reasons expressed by Judge Wertheimer in his thorough and well- reasoned letter opinion.

Affirmed.

20080204

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