STATE OF NEW JERSEY v. NURRAHEEM PACK

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-3486-09T2

STATE OF NEW JERSEY,

Plaintiff-Respondent,

v.

NURRAHEEM PACK,

Defendant-Appellant.

___________________________________________

June 7, 2011

Submitted May 16, 2011 Decided

Before Judges A. A. Rodr guez and C. L. Miniman.

On appeal from the Superior Court of New Jersey, Law Division, Hudson County, Docket No. 96-5-778.

Nurraheem Pack, appellant pro se.

EdwardJ. DeFazio, HudsonCounty Prosecutor, attorney for respondent (Jason M. Cieri, Assistant Prosecutor, on the brief).

PER CURIAM

Defendant Nurraheem Pack appeals pro se from the denial of his third petition for post-conviction relief (PCR). We affirm.

Defendant was convicted in March 1997, following a jury trial, of the first degree murder of Whitney Reginald Gist, N.J.S.A. 2C:11-3a(1) and (2); third degree aggravated assault of Michael Dennis, N.J.S.A. 2C:12-1b(2); unlawful possession of a handgun, N.J.S.A. 2C:58-4; and possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4a. Judge Kevin G. Callahan merged the convictions for murder and possession of a firearm for an unlawful purpose and sentenced defendant to life imprisonment, with a thirty-year period of parole ineligibility. On the remaining convictions, the judge imposed concurrent terms. We affirmed on direct appeal. State v. Nur Raheem Pack, No. A-2864-97T4 (App. Div. February 3, 2000), certif. denied, 164 N.J. 560 (2000).

In June 2000, defendant filed his first PCR petition, alleging ineffective assistance of trial counsel. The petition was denied. We affirmed. State v. Nur Raheem Pack, No. A-3787-00T4 (App. Div. November 21, 2002), certif. denied, 176 N.J. 280 (2003).

In June 2009, defendant filed a second PCR petition. The petition was denied because defendant's certification was deemed by Judge Callahan to be an inappropriate request to compel various parties to produce documents over a twelve-year period. The judge found that defendant failed to state a cause of action warranting assignment of counsel.

In November 2009, defendant filed this third PCR petition. Judge Callahan denied the petition and issued a written decision dated March 9, 2010.

The evidence presented at trial was summarized in our decision on direct appeal. In short, on July 8, 1995, at the intersection of Jackson and Union Avenues in Jersey City, two cars stopped at a red light. Defendant was sitting on a bicycle at the corner. Defendant pulled a handgun from his waist and fired a shot at one of the cars. Defendant approached the car and continued firing, approximately nine shots. Gist and Dennis were hit. Defendant ran from the scene. Gist sustained five gunshot wounds with severe damage to his abdomen and right arm. He died at the hospital several hours later. Dennis sustained a gunshot wound to his leg. One of his arteries was damaged and he required surgery.

On appeal, defendant contends:

DEFENDANT'S TRIAL COUNSEL WAS INEFFECTIVE FOR NOT INFORMING DEFENDANT OF A FAVORABLE PLEA OFFER.

THE COURT SHOULD HAVE GRANTED AN EVIDENTIARY HEARING TO FAIRLY EVALUATE ISSUES OF CREDIBILITY OF WITNESS WHO PROVIDED A SWORN AFFIDAVIT.

We disagree.

We determined that these arguments are without sufficient merit to warrant discussion in a written appellate decision. R. 2:11-3(e)(2). Moreover, we agree with Judge Callahan's analysis and decision and affirm for substantially the reasons expressed in his March 9, 2010 written opinion.

Affirmed.