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STATE v. PEGESE

No. A-1257-13T1.

STATE OF NEW JERSEY, Plaintiff-Respondent, v. MARION PEGESE, a/k/a DAVID CORNELIUS, a/k/a ALAN DRIVER, a/k/a MICHAEL LAWSON, a/k/a DARRON DRIVER, a/k/a AMEIN TUCKER, a/k/a MARCUS KELLY, a/k/a MARION PEGES, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 14, 2015.

Attorney(s) appearing for the Case

Joseph E. Krakora , Public Defender, attorney for appellant ( Anderson D. Harkov , Designated Counsel, on the brief).

Christopher J. Gramiccioni , Acting Monmouth County Prosecutor, attorney for respondent ( Mary R. Juliano , Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the brief; Laura C. Sunyak , Special Deputy Attorney General/Acting Assistant Prosecutor, on the brief).

Before Judges Fisher and Accurso.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

PER CURIAM.

Defendant Marion Pegese appeals the dismissal of his petition for post-conviction relief, contending that he established a prima facie case of ineffective assistance of counsel that required an evidentiary hearing. Because the trial judge properly found the evidence inadequate to sustain defendant's burden on the application, we affirm.

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