STATE v. BANKS


793 A.2d 720 (2001)

349 N.J. Super. 234

STATE of New Jersey, Plaintiff-Appellant, v. Kenneth BANKS, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 9, 2001.


Attorney(s) appearing for the Case

Donald C. Campolo, Assistant Attorney General, Acting Essex County Prosecutor, attorney for appellant (Barbara A. Rosenkrans, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the letter brief).

Joel M. Harris, First Assistant Public Defender, attorney for respondent (William Welaj, Designated Counsel, of counsel and on the brief).

Before Judges PETRELLA, BRAITHWAITE and WELLS.


PER CURIAM.

The State appeals, by leave granted, from the grant of defendant's petition for post conviction relief. The State contends that the Law Division judge erred in concluding that defendant's trial counsel was ineffective because he failed to interview a witness, prior to her testimony, who was scheduled to testify that "around the time of the alleged incident," defendant was with her. We agree with the State and now reverse. Following a jury trial, defendant...

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