State v. Reyes

The opinion of the Court was delivered by

GARIBALDI, J.

This appeal concerns defendant’s motion for post-conviction relief. Defendant asserts that the diminished-capacity charge given at his trial was unconstitutional under State v. Breakiron, 108 N.J. 591, 532 A.2d 199 (1987), and State v. Zola, 112 N.J. 384, 548 A.2d 1022 (1988), cert. denied, 489 U.S. 1022, 109 S.Ct. 1146, 103 L.Ed.2d 205 (1989), and that his appellate counsel’s failure on direct appeal to object to that erroneous charge constituted ineffective assistance of counsel. Defendant further contends that counsel’s assistance was…