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STATE v. MILLER

277 N.J. Super. 122 (1994)

649 A.2d 94

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BARRY MILLER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 15, 1994.

Attorney(s) appearing for the Case

Susan L. Reisner, Public Defender, attorney for appellant (Steven M. Gilson, Designated Counsel, on the letter brief).

Ronald S. Fava, Passaic County Prosecutor, attorney for respondent (Terry Bogorad, Assistant Prosecutor, of counsel and on the letter brief).

Before Judges STERN, KEEFE and HUMPHREYS.

The opinion of the court was delivered by STERN, J.A.D.

Defendant appeals from the dismissal of his petition for post-conviction relief. The background is set out by United States District Court Judge Dickenson R. Debevoise in dismissing defendant's petition for habeas corpus for failure to exhaust State remedies:

On January 23, 1985, Miller was sentenced to a six to twelve year term of imprisonment for armed...

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