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56 N.J. 89

265 A.2d 142

State v. Rosen

Supreme Court of New Jersey

Decided May 4, 1970

Supreme Court of New Jersey · decided 1970-05-04

Relies on 110 N.J. Super. 216 - State v. Rosen

Good law ✅— No negative treatment on recordhow we know

Decided 1970-05-04

How this case has been cited

Cited by 9 later decisions — most recently March 1997

6 state decisions

40197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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*90 Pee Ctjbxam.

¶1 There having been a dissent in the Appellate Division, defendant appealed to ns as of right. B. 2:2-l (a). The judgment of the Appellate Division is affirmed for the reasons given in its majority opinion. 110 N. J. Super. 216 (App. Div. 1969).

¶2 Defendant was ably represented by experienced counsel. His unparticularized allegation that counsel was ineffective is meaningless. Defendant’s sole factual assertion relevant on this post-conviction application is that his counsel said that if defendant insisted upon new counsel, his bail would “probably” be revoked. If it were accepted as true that counsel made that speculation, it could not suffice to upset the judgment. It is enough to note that defendant had a full opportunity to explore counsel’s alleged belief when defendant appeared in open court and was addressed directly by the judge. Defendant made no such inquiry. On the contrary, the record reads:

The Court: Mr. Rosen, let me ask you, after further consultation are you willing and ready to proceed in this case?
Mr. Rosen: Yes. It was a misunderstanding.
The Court: And you do not wish to wait until Judge Malandra [Rosen’s prior counsel] gets here?
Mr. Rosen: No. I take my counsel’s word for that. I am ready.

¶3 Defendant has been out on bail for almost five years. The continued pursuit of this post-conviction attack in both the federal and state courts demeans the judicial process. His bail in the state courts is revoked forthwith.

¶4 The judgment is affirmed.

¶5 For affirmance — Chief Justice Weintratjb and Justices Jacobs, Francis, Peoctoe, Hall, Schettino and Haneman — 7.

¶6 For reversal — None.

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