On appeal from the Superior Court of New Jersey, Law Division, Hudson County, Indictment No. 05-04-0560.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Gilroy and Simonelli.
Defendant John Wilson appeals from the denial of his petition for post conviction relief (PCR) grounded on ineffective assistance of trial counsel. On appeal, defendant raises the following contentions:
THE TRIAL COURT ERRED IN DENYING DEFENDANT'S REQUEST OR AN EVIDENTIARY HEARING AS DEFENSE . . . COUNSEL'S FAILURE TO HAVE THE HANDGUN RECOVERED FROM DEFENDANT'S APARTMENT TESTED FOR FINGERPRINTS AMOUNTED TO INEFFECTIVE ASSISTANCE OF COUNSEL.
THE TRIAL COURT ERRED IN DENYING DEFENDANT'S REQUEST FOR AN EVIDENTIARY HEARING AS DEFENSE COUNSEL'S FAILURE TO [SUBPOENA] JAMES M. THOMPSON AS A WITNESS DURING TRIAL AMOUNTED TO INEFFECTIVE ASSISTANCE OF COUNSEL.
We reject these contentions and affirm.
Officer Anthony Goodman of the Jersey City Police Department testified at trial that on February 9, 2005, he and other members of the Hudson County Task Force executed a search warrant at an apartment in Jersey City. Upon arriving there, the police patted down and released two males, who were in the hallway outside the apartment. The door to the apartment opened as the officers were about to forcibly enter it. The officers then rushed into the apartment, secured an individual later identified as defendant, searched the apartment, and recovered a handgun from under a couch, which was loaded with six rounds. The police recovered a seventh round on the floor behind the couch. The police did check the gun for fingerprints.
Detective Robert Till testified that he searched the bedroom and from a shelf behind the bed, he recovered a clear plastic bag containing twenty-three .22 caliber bullets and one larger caliber bullet.
Detective Megan Connell testified that she also searched the apartment and by the television, she recovered a Verizon bill, a receipt from Rockaway Bedding, and a letter dated January 21, 2005, from Audubon Park Apartments, all addressed to defendant at the apartment's address. The detective also recovered $1,007, consisting of ten $100 bills and seven $1 bills.
Detective Karen Warden-Wood testified that upon defendant's arrival at police headquarters, she read him his Miranda*fn1 rights from a form. Defendant stated that he understood his rights, and he signed the waiver form. Lieutenant Robert DeGenova testified that he spoke to defendant after defendant received his Miranda rights. Defendant told the officer ...