NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted November 12, 2013.
On appeal from the Superior Court of New Jersey, Law Division, Union County, Indictment No. 04-11-1390.
Joseph E. Krakora, Public Defender, attorney for appellant (Michael C. Kazer, Designated Counsel, on the brief).
Grace H. Park, Acting Union County Prosecutor, attorney for respondent (Sara B. Liebman, Special Deputy Attorney General/ Acting Assistant Prosecutor, on the brief).
Appellant filed a pro se supplemental brief.
Before Judges Harris and Guadagno.
Defendant Kevin Harris appeals from the March 12, 2012 order of the Law Division denying his petition for post- conviction relief (PCR) without an evidentiary hearing. We affirm.
On May 24, 2004, Chanson Battle received a call from a friend, Tashawn, inviting Battle to his house. Battle drove to Tashawn's house and parked on the street in front of his house. Battle saw defendant walking toward his car from the direction of Tashawn's house. Battle had known defendant since 1996 when they both attended Plainfield High School. Even though Battle knew defendant lived around the corner from him and had been to his house, he never learned defendant's name and referred to him by the street name, "B&E."
Defendant knocked on the driver's side window and told Battle to roll it down. When Battle complied, defendant asked what took him so long. Battle explained that he took a shower before he left his home. Battle then asked defendant where Tashawn was and defendant said he will be out in a minute. When defendant continued to act aggressively, Battle asked him if he wanted to fight. Defendant responded, "no, " then drew a gun, pointed it at Battle's head, and demanded his earring and watch. Battle tried to push the gun away and put the car in gear to drive off but defendant started shooting at him from very close range. Battle managed to drive away but realized he had been shot. He drove around the corner to a friend's house and was then taken to the hospital. On the way to the hospital, Battle passed out.
When the police interviewed him in the hospital, Battle told them B&E shot him and identified defendant from a group of six photos shown to him.
Tried to a jury, defendant was convicted of attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3; aggravated assault, N.J.S.A. 2C:12-1(b)(1) and 2C:12-1(b)(2); robbery, N.J.S.A. 2C:15-1; possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a); and unlawful possession of a weapon, N.J.S.A. 2C:39-5(b). He was sentenced to an aggregate ...