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State v. Malde

September 4, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
BHARAT MALDE, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment No. 98-07-3034.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted August 25, 2009

Before Judges Miniman and Simonelli.

Defendant Bharat Malde appeals from the denial of his petition for post-conviction relief. On appeal, defendant raises the following contentions:

POINT I

IT WAS ERROR NOT TO ALLOW THE DEFENDANT AN EVIDENTIARY HEARING OR GRANT HIS APPLICATION FOR POST-CONVICTION RELIEF

A. THE PETITIONER SHOULD BE ALLOWED TO WITHDRAW HIS PLEA

B. AN EVIDENTIARY HEARING SHOULD HAVE BEEN GRANTED

POINT II

PETITIONER WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL

A. THERE ARE NO PROCEDURAL BARS

B. THE TRIAL ATTORNEY FAILED TO FILE AN AFFIRMATIVE DEFENSE AND FAILED TO INFORM THE DEFENDANT OF THE CONSEQUENCES OF HIS PLEA (NOT RAISED BELOW)

C. POST-CONVICTION RELIEF COUNSEL FAILED TO RAISE THE ISSUE OF TRIAL COUNSEL'S FAILURE TO FILE AN AFFIRMATIVE DEFENSE AND TO INFORM ...


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