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State v. Reiff

April 21, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
SAMUEL REIFF, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 99-06-0648.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 16, 2008

Before Judges Cuff, Lihotz, and Simonelli.

Defendant Samuel Reiff appeals from the order of March 9, 2006, denying his petition for post-conviction relief (PCR).

Pursuant to a plea agreement, defendant pled guilty to one count of first degree armed robbery with a deadly weapon (knife), stemming from his robbery of a woman's handbag from the victim's home. Defendant is serving a ten-year term of imprisonment with an eight-five percent period of parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2.*fn1

Defendant appealed his conviction and sentence. We affirmed. State v. Reiff, No. A-0876-00T4 (App. Div. December 20, 2001). Defendant filed a PCR petition, which Judge DeLuccia denied without an evidentiary hearing. On this appeal, defendant raises the following arguments:

POINT I

THE DEFENDANT'S PLEA AGREEMENT MUST BE VACATED ON DUE PROCESS GROUNDS (U.S. CONST. AMEND. XIV, N.J. CONST. ART. I PAR. 1) BECAUSE IT WAS THE RESULT OF COERCION, MATERIAL MISREPRESENTATIONS OF [] FACT, AND INEFFECTIVE ASSISTANCE OF COUNSEL.

POINT II

THE INDICTMENT SHOULD HAVE BEEN DISMISSED.

POINT III

THE DEFENDANT WAS DENIED THE RIGHT TO EFFECTIVE ASSISTANCE OF TRIAL COUNSEL AS GUARANTEED BY THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. ...


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