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STATE v. PRECIOSE

129 N.J. 451 (1992)

609 A.2d 1280

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANTHONY PRECIOSE, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided August 3, 1992.

Attorney(s) appearing for the Case

Claudia Van Wyk, Deputy Public Defender II, argued the cause for appellant (Wilfredo Caraballo, Public Defender, Ms. Van Wyk and Pamela Lynn Brause, Designated Counsel, of counsel and on the briefs).

Mark P. Stalford, Assistant Prosecutor, argued the cause for respondent (John Kaye, Monmouth County Prosecutor, attorney).

Karen Fiorelli, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Robert J. Del Tufo, Attorney General, attorney).

The opinion of the Court was delivered by STEIN, J.

Defendant filed a petition for post-conviction relief based largely on a claim of ineffective assistance of counsel. Upholding the denial of relief, the Appellate Division expressly relied on Rule 3:22-4, which bars petitioners from raising claims that could have been brought on direct appeal. The court also invoked the United States Supreme Court's decision in Harris v. Reed, 489 U.S...

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