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State v. Ryan

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


June 27, 2008

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

On appeal from the Superior Court of New Jersey, Law Division, Cumberland County, 96-04-0475.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 17, 2008

Before Judges Stern and Coburn.

Defendant appeals from an order entered on December 10, 2007 denying his seventh and eighth petitions for post- conviction relief (PCR) on this and other convictions.

The appeal relates to indictment 96-04-0475 which resulted in an extended term sentence for armed robbery on May 16, 1997. To the extent the order preserves claims related to the issues raised in A-1719-05T3 with respect to indictment 96-04-511, we address the issues raised on that appeal by an opinion being filed simultaneously herewith.

The record before us provides no basis for disturbing the conclusions of Judge Richard J. Geiger that the petitions were time barred, R. 3:22-12, and/or that relief was precluded by the provisions of R. 3:22-4 and/or R. 3:22-5 (the latter applying to the issue of sentence legality which was addressed in defendant's fifth PCR petition and on appeal from the denial thereof).*fn1 He does not address the sentencing issue in the brief on this appeal.

The denial of PCR is affirmed. R. 2:11-3(e)(2).


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