On appeal from the Superior Court of New Jersey, Law Division, Atlantic County, Indictment No. 00-05-1022.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted November 1, 2010
Before Judges Rodreguez and Grall.
Defendant James Perry appeals from the denial of his petition for post-conviction relief (PCR). We affirm.
Following a jury trial, defendant was convicted of third degree theft from a person, N.J.S.A. 2C:20-3. Judge Michael R. Connor granted the State's motion for extended term sentencing, and imposed a ten-year term with a five-year parole disqualifier. For defendant's disruptive and contumacious conduct at the sentencing hearing, the judge sentenced defendant on two counts of contempt of court to six months incarceration consecutive to the theft sentence and to each other. We affirmed on direct appeal. State v. Perry, No. A-0282-02T4 (App. Div. February 26, 2004), certif. denied, 180 N.J. 357 (2004).
On January 26, 2000, at the Tropicana Casino in Atlantic City, defendant bumped up against eighty-one-year-old Raymond Delfonzo and took his wallet. Casino surveillance cameras captured the incident.
Delfonzo and his companion, Lois Zorich, told a security guard at the casino that a tall black male wearing a wool cap and brown jacket had stolen Delfonzo's wallet. The surveillance camera film revealed the person later identified as defendant.
Casino security retained still images of defendant taken from the footage, and detained defendant when he returned to the casino two months later. After receiving Miranda*fn1 warnings, defendant gave a statement in which he acknowledged that he was the person shown in the footage, but denied taking Delfonzo's wallet.
New Jersey State Police Detective Sean Nelson Boero testified at trial about the surveillance footage, as well as the enhancement and slow-down process. Delfonzo did not testify at trial due to illness. Zorich also did not testify. Over defendant's objection, the judge admitted their statements.
Defense counsel, however, obtained a Clawans*fn2 adverse-inference charge based on Delfonzo and Zorich's nonappearance.
Defendant filed pro se a PCR petition contending that he received ineffective assistance of trial and appellate counsel.
Assigned PCR counsel submitted a brief and a supplemental brief without certifications or affidavits from persons with knowledge of the relevant facts. The briefs argued that trial counsel was ineffective for failing to object to adding Detective Boero to the witness list on the first day of trial. Trial counsel also allegedly erred by not requesting "necessary discovery concerning [Delfonzo's] medical condition."
Judge Connor denied the petition without an evidentiary hearing. He found that defendant had not established a prima facie case of ineffective assistance of counsel or any other basis warranting relief from his ...