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STATE v. MURRAY

719 A.2d 190 (1998)

315 N.J. Super. 535

STATE of New Jersey, Plaintiff-Respondent, v. Neal MURRAY, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided October 30, 1998.

Attorney(s) appearing for the Case

Ivelisse Torres, Public Defender, for defendant-appellant (Kevin G. Byrnes, Designated Counsel, of counsel and on the brief).

Defendant-appellant filed a pro se supplemental brief.

Peter Verniero, Attorney General, for plaintiff-respondent (Catherine A. Foddai, Deputy Attorney General, of counsel and on the brief).

Before Judges PRESSLER, BROCHIN and KLEINER.

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

Defendant, Neal Murray, appeals from the denial without an evidentiary hearing of his petition for post-conviction relief. Under the factual circumstances set forth in this particular petition, we conclude defendant was improvidently denied the opportunity to demonstrate that he was denied effective assistance of counsel when he was sentenced to a custodial term of imprisonment. We reverse and remand for an...

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