03-04-08 A-4685-05T4
On appeal from the denial of defendant's petition for postconviction
relief, the Appellate Division remands for an
evidentiary hearing to determine why defendant declined an offer
for mistrial made by the judge during trial (counsel's statement
during trial that he wasn't doing it for "economic" reasons did
not suffice) and for an evaluation of the credibility of an
individual who gave a post-judgment affidavit exculpating
defendant.
