NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted October 29, 2012.
Decided February 1, 2013 Motion for reconsideration granted.
Argued May 28, 2013.
On appeal from the Superior Court of New Jersey, Law Division, Ocean County, Indictment No. 05-02-218.
Robert Carter Pierce argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney; Mr. Pierce, Designated Counsel, on the brief).
Nicholas Norcia, Assistant Prosecutor, argued the cause for respondent (Joseph D. Coronato, Ocean County Prosecutor, attorney; Samuel Marzarella, Supervising Assistant Prosecutor, of counsel; Mr. Norcia, on the brief).
Before Graves and Guadagno, Judges.
After we filed our opinion denying defendant's petition for post-conviction relief (PCR), State v. Hill, No. A-0201-10 (App. Div. February 1, 2013), defendant moved for reconsideration as he had requested oral argument. We granted the motion, to the extent that we agreed to hear oral argument on May, 2013.
We repeat the facts recited in our earlier opinion:
Sometime between 10:00 p.m. on May 17, 2002 and 2:00 a.m. on May 18, 2002, defendant killed his fiancée, Gwendolyn Boyd, by strangling her with a bungee cord.
Defendant's cousin, Michael Scott, attempted to help defendant dispose of Boyd's body.
On February 8, 2005, defendant and Scott were indicted by an Ocean County grand jury and charged with second-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3(a) or (b) (count one), and first-degree murder, N.J.S.A. 2C:11-3(a) or (b) ...