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State v. Kelsey

Superior Court of New Jersey, Appellate Division

July 2, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
TYRAN KELSEY, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 5, 2013

On appeal from Superior Court of New Jersey, Law Division, Burlington County, Indictment Nos. 07-05-0687 and 07-09-1290.

Joseph E. Krakora, Public Defender, attorney for appellant (Anthony J. Vecchio, Designated Counsel, on the brief). Robert D. Bernardi, Burlington County

Prosecutor, attorney for respondent (Alexis R. Agre, Assistant Prosecutor, of counsel and on the brief).

Before Judges Fisher, Waugh and St. John.

PER CURIAM

Defendant Tyran Kelsey appeals from an order of the Law Division denying his petition for post-conviction relief (PCR). We affirm.

I.

We briefly summarize the relevant procedural history and the facts based on the record before us.

On May 25, 2006, a Burlington County Grand Jury indicted defendant, under Indictment No. 06-05-0639, with second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1), and fourth-degree contempt of a judicial order, N.J.S.A. 2C:29-9(a).

On July 27, 2006, a Burlington County Grand Jury indicted defendant, under Indictment No. 06-07-1101, with first-degree attempted murder, N.J.S.A. 2C:5-1(a)(3) and 2C:11-3(a)(1); second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1); third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d); fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5; second-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and 2C:11-3(a)(1); fourth-degree possession of prohibited weapons and devices, N.J.S.A. 2C:39-3(f)(1); fourth-degree hindering, N.J.S.A. 2C:29-3(b)(4); and fourth-degree obstruction, N.J.S.A. 2C:29-1(a).

On January 30, 2007, a Burlington County Grand Jury indicted defendant, under Indictment No. 07-01-0147, with five counts of third-degree manufacturing, distributing, dispensing or possession with intent to distribute controlled dangerous substances, N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b)(3), and three counts of third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35-10(a)(1).

On May 15, 2007, a Burlington County Grand Jury indicted defendant, under Indictment No. 07-05-0687, with two counts of second-degree manufacturing, distributing, dispensing or possession with intent to distribute controlled dangerous substances, N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b)(2); second-degree conspiracy to distribute controlled dangerous substances, N.J.S.A. 2C:5-2 and ...


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