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STATE v. MURRAY

744 A.2d 131 (2000)

162 N.J. 240

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

Supreme Court of New Jersey.

Decided January 25, 2000.

Attorney(s) appearing for the Case

Catherine A. Foddai, Deputy Attorney General, for plaintiff-appellant (John J. Farmer, Jr., Attorney General of New Jersey, attorney).

Kevin G. Byrnes, Designated Counsel, for defendant-respondent (Ivelisse Torres, Public Defender, attorney).

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

This appeal involves a belated post-conviction relief (PCR) petition. The primary issue raised is whether an alleged attorney conflict of interest converts a defendant's custodial confinement into an illegal sentence within the meaning of Rule 3:22-12, thereby removing the five-year time limit for filing a PCR application. The trial court held that the PCR petition should be dismissed as time-barred because...

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