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STATE v. McILHENNY

754 A.2d 605 (2000)

333 N.J. Super. 85

STATE of New Jersey, Plaintiff-Respondent, v. James E. McILHENNY, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 14, 2000.

Attorney(s) appearing for the Case

Ivelisse Torres, Public Defender, for defendant-appellant (Matthew Astore, Deputy Public Defender II, of counsel and on the brief).

John J. Farmer, Jr., Attorney General, for plaintiff-respondent (Teresa A. Blair, Deputy Attorney General, of counsel and on the brief).

Before Judges STERN and KIMMELMAN.

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

Defendant appeals from the denial of his petition for post-conviction relief (P.C.R.), received by the Public Defender (P.D.) on July 24, 1997, and filed on his behalf by the P.D. on August 6, 1997. The order dismissing the petition as time barred under R. 3:22-12 was dated September 22, 1997.

Although there is no order or letter of assignment in the record before us, the parties agree that counsel...

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