On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment No. 02-05-1845.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted October 30, 2012
Before Judges Reisner and Yannotti.
Defendant David Minor appeals from a December 16, 2009 order denying his petition for post-conviction relief (PCR). We affirm.
In 2004, defendant was convicted of first-degree robbery, N.J.S.A. 2C:15-1, and associated weapons offenses, and sentenced to twenty years in prison subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On defendant's direct appeal, he raised the following issues:
POINT I - THE TRIAL COURT'S FAILURE TO CONDUCT A GILMORE HEARING DEPRIVED THE DEFENDANT OF HIS CONSTITUTIONAL RIGHT TO DUE PROCESS OF LAW AND FAIR TRIAL BY AN IMPARTIAL JURY. U.S. CONST. AMEND. XIV; N.J. CONST. (1947) ART. I, PARAS. 1, 5, 9 & 10.
POINT II - THE PROSECUTOR MISSTATED THE LAW AND HER BURDEN OF PROOF AND HER IMPROPER SUMMATION COMMENTS DEPRIVED DEFENDANT OF THE RIGHT TO DUE PROCESS OF LAW AND A FAIR TRIAL. U.S. CONST. AMEND. XIV; N.J. CONST. (1947) ART. I, PARAS. 1, 9 & 10. (Not Raised Below.)
POINT III - THE POLICE FAILED TO FOLLOW ESTABLISHED ATTORNEY GENERAL PROTOCOL IN CONDUCTING THE PHOTO ARRAY. (Not Raised Below.)
A. FAILURE TO CONDUCT A WADE HEARING WAS NOT HARMLESS.
B. BRANCH AND BANKSTON WERE NOT FOLLOWED AND THE RESULTANT HEARSAY DEPRIVED THE DEFENDANT OF A RIGHT TO CONFRONT THE WITNESSES AGAINST HIM. (Not Raised Below.)
C. CONCLUSION: THE TAINTED PHOTO ARRAY VIOLATED THE DEFENDANT'S RIGHT TO A FAIR TRIAL.
POINT IV - THE DEFENDANT'S SENTENCE OF TWENTY YEARS WITH N.E.R.A. PAROLE INELIGIBILITY, VIOLATED THE DEFENDANT'S SIXTH AMENDMENT RIGHT TO TRIAL BY JURY. U.S. ...