STATE OF NEW JERSEY v. ULRICK LAROSILIERE

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0447-09T4

STATE OF NEW JERSEY,

Plaintiff-Respondent,

v.

ULRICK LAROSILIERE,

Defendant-Appellant.

________________________________

April 5, 2011

Submitted: March 23, 2011 - Decided:

Before Judges Axelrad and Lihotz.

On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment No. 91-05-2385.

Ulrick Larosiliere, appellant pro se.

Carolyn A. Murray, Acting Essex County Prosecutor, attorney for respondent (Sara A. Friedman, Special Deputy Attorney General/ Acting Assistant Prosecutor, on the brief).

PER CURIAM

This is the appeal from the denial of defendant's fifth post-conviction relief (PCR) application, following the affirmance of his 1991 conviction for murder of his estranged wife, weapons offenses and contempt for violation of a restraining order, and imposition of a life term. In this petition, defendant challenged the jury verdict as not unanimous because only the foreman announced the verdict and the remaining jurors remained mute. Defendant additionally contends on appeal that because the prosecutor declined to file a brief and relied solely on oral argument, his petition was unopposed and should have been granted.

Judge Fullilove properly recognized the PCR petition was procedurally barred as untimely, R. 3:22-12, and the issue should or could have been raised on direct appeal, R. 3:22-4. He further rejected defendant's substantive argument as completely meritless with references to the trial transcript, which defendant had misread.

We deem defendant's arguments raised on appeal not to be of sufficient merit to warrant further discussion in a written opinion and affirm for the reasons articulated by the PCR judge on the record on February 6, 2009. R. 2:11-3(e)(2).

Affirmed.