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State v. Nieves

Superior Court of New Jersey, Appellate Division

September 16, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
ISMAEL NIEVES, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 9, 2013

On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 05-03-0299.

Joseph E. Krakora, Public Defender, attorney for appellant (Frank M. Gennaro, Designated Counsel, on the brief).

Camelia M. Valdes, Passaic County Prosecutor, attorney for respondent (Marc A. Festa, Senior Assistant Prosecutor, of counsel and on the brief).

Appellant filed a pro se supplemental brief.

Before Judges Messano and Ostrer.

OSTRER, J.A.D.

Defendant Ismael Nieves appeals from the Law Division's May 19, 2011 order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. He presents the following points for our review:

POINT ONE — THE TRIAL COURT IMPROPERLY FOUND DEFENDANT'S CLAIMS TO BE PROCEDURALLY BARRED.
POINT TWO — THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION FOR POST-CONVICTION
RELIEF WITHOUT AFFORDING DEFENDANT AN EVIDENTIARY HEARING.

Also, in a pro se supplemental brief, defendant argues an evidentiary hearing was required, the court erred in characterizing his attorney's decisions as trial strategy, and in rejecting some of his claims as procedurally barred.

We affirm, but remand to the trial court for entry of a corrected judgment of conviction ...


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