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State v. Edney

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


June 27, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
RASHEED EDNEY, DEFENDANT-APPELLANT.

On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment Nos. 03-05-1819, 03-07-2458, 03-08-2835, 03-09-3032, 04-03-0733 and 04-03-0803.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 17, 2008

Before Judges Stern and Coburn.

Defendant pled guilty to fourteen counts embodied in siX indictments in exchange for dismissal of all other counts and a recommended sentence of sixteen years in the custody of the Commissioner of the Department of Corrections with eight years to be served before parole eligibility. That sentence was imposed.*fn1 After we affirmed the sentence on direct appeal, defendant petitioned for post conviction relief, which was denied by an order entered on February 23, 2007.

Defendant appeals from the denial of his petition and claims entitlement to an evidentiary hearing relating to the adequacy of his representation by trial and appellate counsel.

The judgment denying post-conviction relief is affirmed substantially for the reasons stated by Judge Michael L. Ravin in his letter opinion of February 23, 2007. We add only the following.

There is no attack on the negotiated plea agreement and no reasonable suggestion in the record that, given that agreement, any argument by defense counsel would have resulted in a lesser sentence. See Hill v. Lockart, 474 U.S. 52, 59, 106 S.Ct. 366, 370, 88 L.Ed. 2d 203, 210 (1985) (requiring a showing that defendant would not have pled guilty but for counsel's ineffective assistance).

Affirmed.


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