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State of New Jersey v. Samuel Krosky

March 11, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
SAMUEL KROSKY, A/K/A SAMUEL L. KROSKY, A/K/A SAM BUCCINO, A/K/A SAMUEL L. BUCCINO, A/K/A SAMUEL KORSKY, A/K/A BUCCINO KROSKY, A/K/A SAMUEL KROSY, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment Nos. 05-03-0184, 05-03-0185, 05-03-0186 and 05-03-0187.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 15, 2011

Before Judges Parrillo and Yannotti.

Appellant filed a pro se supplemental brief.

Defendant Samuel Krosky appeals from an order entered by the Law Division on October 2, 2008, which denied his petition for post-conviction relief (PCR). We affirm.

On March 2, 2005, defendant pled guilty to two counts of third-degree burglary, N.J.S.A. 2C:18-2, as charged in Accusation 184-03-05A; one count of third-degree burglary, N.J.S.A. 2C:18-2, as charged in Accusation 185-03-05A; one count of third-degree burglary, N.J.S.A. 2C:18-2, as charged in Accusation 186-03-05A; and two counts of third-degree burglary, N.J.S.A. 2C:18-2, as charged in Accusation 187-03-05A. The State agreed to dismiss all of the other charges in the four Accusations, which according to the pre-sentence report included seventy-five counts of third-degree burglary, N.J.S.A. 2C:18-2; seventy-four counts of third-degree theft, N.J.S.A. 2C:20-3; seventeen counts of fourth-degree criminal mischief, N.J.S.A. 2C:17-3; and seven counts of third-degree attempt, N.J.S.A. 2C:5-1(a).

The plea was part of a multi-county agreement resolving charges against defendant in Essex, Middlesex, Morris, Passaic, Monmouth and Union counties. The State agreed to recommend imposition of an aggregate twenty-five-year prison sentence, with a ten-year parole bar. The State further agreed that if the court in Middlesex County imposed a maximum term of less than twenty-five years, the court in Essex County would impose the same term provided it was at least twenty years.

On May 26, 2005, the trial court sentenced defendant to an aggregate term of twenty-five years of incarceration, with a ten-year period of parole ineligibility. The sentence was made concurrent to the sentences imposed in Middlesex, Morris and Union counties. Defendant appealed. We entered an order on October 27, 2005, remanding the matter to the trial court for re-sentencing pursuant to State v. Natale, 184 N.J. 458 (2005). See State v. Krosky, No. A-4803-04 (App. Div. Oct. 27, 2005).

Defendant was re-sentenced on January 10, 2006. On that date, the court also considered defendant's motion for reconsideration of his sentence. The court denied the motion but ordered that the judgments of conviction be amended to reflect that the gap time awarded was applicable to each offense of which defendant was convicted. The court again sentenced defendant to twenty-five years of incarceration, with a ten-year period of parole ineligibility.

Defendant filed an amended notice of appeal and his appeal was heard on our excessive sentence calendar. We entered an order affirming the trial court's judgment. State v. Krosky, No. A-6414-04 (App. Div. Aug. 24, 2006). Defendant sought review of our judgment by filing a petition for certification with the Supreme Court. The Court denied the petition. State v. Krosky, 189 N.J. 427 (2007).

On July 25, 2007, defendant filed a petition for PCR. Counsel was appointed to represent defendant, and counsel filed a brief in which he raised the following arguments:

POINT ONE

PETITIONER IS ENTITLED TO POST CONVICTION RELIEF BECAUSE HIS TRIAL ATTORNEY RENDERED ...


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