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State of New Jersey v. Tony Petrozzelli

August 12, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
TONY PETROZZELLI,*FN1 DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Camden County, Indictment No. 02-09-3192.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 11, 2011

Before Judges Axelrad, R. B.Coleman and Lihotz.

Defendant Tony Petrozzelli appeals from a January 6, 2009 order denying his petition for post-conviction relief (PCR), without benefit of an evidentiary hearing. On appeal defendant argues:

POINT I

THE LOWER COURT ORDER MUST BE REVERSED SINCE DEFENDANT RECEIVED INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL.

A. Trial counsel vouched for the credibility of the state's witness.

B. Trial counsel failed to investigate potential witnesses.

C. Trial counsel failed to consult with defendant in a meaningful manner.

D. Trial counsel's strategy was deficient and amounted to ineffective assistance of counsel.

E. Trial counsel failed to file a motion to suppress the evidence.

F. Trial counsel failed to file a motion to downgrade the second-degree eluding.

G. Trial counsel was ineffective during the plea bargaining stage.

H. Counsel was ineffective during re-sentencing.

I. Trial counsel failed to investigate and present exculpatory evidence.

POINT II

THE LOWER COURT ORDER MUST BE REVERSED SINCE THE OFFICE OF THE PUBLIC DEFENDER AND THE TRIAL COURT FAILED TO REMOVE TRIAL COUNSEL AND THE COURT FAILED TO HOLD A HEARING TO DETERMINE ...


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