April 30, 2008
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, 01-07-1246.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted April 22, 2008
Before Judges Coburn and Chambers.
This is an appeal from the denial of a petition for post-conviction relief.
In 2002, a jury found defendant guilty of second degree sexual assault, N.J.S.A. 2C:14-2(b), and second degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a).
Defendant's motion for a new trial was denied, and the judge imposed a prison sentence of seven years on the first charge and a concurrent seven years on the second charge. Defendant appealed. We affirmed and the Supreme Court denied certification. Thereafter, defendant filed the petition for post-conviction relief, which was denied. Defendant now appeals to this court based on the following arguments:
THIS MATTER MUST BE REMANDED FOR AN EVIDENTIARY HEARING BECAUSE A PRIMA FACIE CASE OF INEFFECTIVENESS OF COUNSEL WAS ESTABLISHED.
A. Due To A Conflict of Interest, Trial Counsel Failed To Call Various Character Witnesses For Defendant.
B. Trial Counsel Failed To Effectively Cross-Examine M.C.
C. Trial Counsel Failed To Obtain An Expert Witness To Exculpate Defendant.
D. Defendant Was Denied Effective Assistance Of Appellate Counsel.
E. The Cumulative Errors Mandate That Defendant Be Afforded An Evidentiary Hearing.
DEFENDANT SHOULD HAVE BEEN AFFORDED AN EVIDENTIARY HEARING DUE TO NEWLY DISCOVERED EVIDENCE. (Partially Raised Below).
After carefully considering the record and briefs, we affirm substantially for the reasons expressed by Judge Patricia Del Bueno Cleary in her thorough and well-reasoned oral opinion, which was delivered on June 8, 2007.
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