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State v. Hall

February 4, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
AYYUB HALL, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Union County, Indictment Nos. 96-01-033 and 96-01-034.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted November 18, 2008

Before Judges Wefing and LeWinn.

Defendant Ayyub Hall appeals from the trial court order of March 16, 2007 denying his petition for post-conviction relief (PCR). We affirm.

In 1996, defendant was indicted for first-degree murder, N.J.S.A. 2C:11-3(a)(1) and/or (2); two counts of first-degree attempted murder, N.J.S.A. 2C:11-3(a)(1) and N.J.S.A. 2C:5-1; second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a); and third-degree unlawful possession of a firearm, N.J.S.A. 2C:39-5(b). In a separate indictment, defendant was charged with third-degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1). On May 6, 1996, defendant pled guilty to the drug possession charge and to downgraded charges of first-degree aggravated manslaughter and two counts of second- degree aggravated assault. In colloquy with his attorney at the plea hearing, defendant provided the following factual basis for the aggravated manslaughter and aggravated assault charges:

Q: What happened, you got into an altercation with Anthony Crawford and his brother?

A: Yeah.

Q: You had words?

A: Yeah.

Q: At some point it appeared that Anthony Crawford and his brother were going to jump you and try to beat you up, correct?

A: Yeah.

Q: You were carrying this gun because a couple of days prior you got shot by some dude from Newark?

A: Yeah.

Q: So you were carrying a gun because you thought you needed it to protect yourself?

A: Yeah.

Q: But when the Crawford brothers started coming toward you, you pulled the gun and you fired at least a couple of bullets ...


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