SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-4322-17T4

STATE OF NEW JERSEY,

Plaintiff-Respondent,

v.

STEPHEN WHITE,

Defendant-Appellant.

________________________

Argued October 21, 2019 – Decided February 13, 2020

Before Judges Fasciale, Rothstadt and Mitterhoff.

On appeal from the Superior Court of New Jersey, Law 

Division, Passaic County, Indictment No. 16-02-0117.

Kevin Timothy Conway argued the cause for the 

appellant.

Christopher W. Hsieh, Chief Assistant Prosecutor 

argued the cause for respondent (Camelia M. Valdes, 

Passaic County Prosecutor, attorney; Christopher W. 

Hsieh, of counsel and on the brief).

PER CURIAM

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the 

internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.
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Defendant Stephen White appeals his conviction and sentence after a jury 

convicted him of driving while suspended for a second or subsequent driving 

while intoxicated (DWI) violation, N.J.S.A. 2C:40-26(b). Defendant asserts that 

the trial judge abused her discretion in denying his request, made on the eve of 

trial, for a third adjournment of the trial date to allow him to obtain substitute 

counsel. Defendant also argues that reversal is warranted because he was 

deprived of effective assistance of counsel at trial. Finally, defendant appeals 

his sentence, alleging that the trial judge impermissibly counted his lack of 

remorse as an aggravating factor. We find no merit in any of defendant's 

arguments and affirm.

We glean the following facts from the record. On October 28, 2015, 

Hawthorne Police Officer Nicolas Adams was conducting radar speed control in 

Hawthorne on Route 208. At about 1:30 a.m., Officer Adams observed a fourdoor black BMW with New Jersey license plates traveling southbound on Route 

208. According to the officer's radar, the BMW was traveling eighty-one miles 

per hour in a fifty-five mile per hour zone. The officer activated the overhead 

lights of his police vehicle and followed the BMW, which pulled over near Utter 

Avenue on Route 208 in Hawthorne. Defendant Stephen White was the driver 
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and sole occupant. White smoke was visible coming from the engine 

compartment of the BMW.

Officer Adams approached and requested defendant's license, proof of 

insurance, and vehicle registration. Defendant did not immediately produce the 

documents and the officer asked defendant to "step out of the vehicle, to come 

to the rear of the vehicle to be interviewed and a pat-down was conducted[.]" 

Defendant told the officer that he was "lost" and handed over a New York 

driver's license. Defendant indicated that "he was going to jail because he was 

not supposed to be driving in New Jersey." After checking with the police 

dispatcher, Officer Adams learned that defendant's New Jersey driving 

privileges were suspended.1

1

 According to the testimony of Johannes Segboer, an investigator with the New 

Jersey Motor Vehicle Commission since 2003, defendant's license was 

suspended on two separate occasions. These suspensions stemmed from

convictions originating in the Palisades Interstate Parkway Municipal Court. On 

June 19, 2012, defendant's license was suspended for ninety days as a result of 

a DWI offense on February 16, 2012. On July 23, 2014, defendant's license was 

suspended for 730 days because he refused to submit to a breath test, which 

occurred on October 18, 2013. 
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Defendant was arrested and issued summonses for DWI, N.J.S.A. 39:4-

50, and related motor vehicle offenses.2 On February 11, 2016, a grand jury 

indicted defendant with fourth-degree operating a motor vehicle while 

suspended for a second or subsequent DWI offense, N.J.S.A. 2C:40-26(b).

On February 13, the first day of trial for defendant's offense for driving 

while suspended, his counsel advised the trial judge that defendant was 

requesting an adjournment to obtain new counsel. The trial judge, after 

considering defendant's reasons and analyzing the request under the factors set 

forth in State v. Furguson, 198 N.J. Super. 395 (App. Div. 1985), denied 

defendant's request for an adjournment and to substitute counsel. The judge

noted that it was "unknown at this time what the delay would be," if defendant 

were to bring in new counsel. The judge stated that defendant 

[i]ndicated that [his substitute counsel] would be ready 

to start trial on [February] 27[th], but he had some 

issues with the type of expert that the present counsel 

was using, and indicated that he would have gone with 

a different type of expert from the . . . outset. This is 

concerning to the [c]ourt since this attorney, to my 

knowledge, has never seen the discovery in this case. 

He has never met with the [d]efendant, nor has he 

2

 The DWI and motor vehicle offenses were tried separately before the trial 

judge, outside of the jury's presence. The bench trial was completed on or about 

March 6, 2018, and the judge found defendant guilty on the DWI charge and 

sentenced him to ninety days in the county jail. Defendant did not appeal that 

conviction.
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reviewed any of the documentation in this case. And 

for him to say that he would be ready to walk in this 

court on February 27[th], and pick a jury with the expert 

that Mr. Hashmi already has in place, would be curious 

to this [c]ourt. 

The judge noted that continuances were already granted on two occasions: once 

when defendant had health issues and once when defendant's mother-in-law had 

health issues. Moreover, the judge found that the "balance [of] convenien[ce]

or inconvenien[ce] to the litigants, witnesses, counsel, and to the [c]ourt" 

weighed in favor of denying defendant's motion. Defendant was aware that the 

matter had been scheduled for trial for over eight months. The trial judge further 

noted that the State made accommodations for the court due to the transfer of 

another prosecutor, and defendant's counsel had prepared the witnesses and was 

ready to proceed to trial. 

The trial judge further found that defendant's reason for requesting 

substitution of counsel was "purposeful and contrived" because he was aware of 

the trial's scheduling and failed to communicate any trial concerns to Hashmi. 

Thus, the trial judge found that defendant "contributed to the circumstances 

which [gave] rise to [his] request." The judge found that denying the motion 

would not prejudice defendant because Hashmi, unaware of defendant's concern, 
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continued to prepare for trial until the day prior to when jury selection was 

scheduled to begin.

At trial, defendant testified on his own behalf. Defendant was at Morgan's 

Public Ale House, a pub in Tappan, New York and left to go home "between

12:30 and [1:00 a.m.]" Defendant indicated that he "would normally take Route 

303, get onto the Palisades Parkway heading north, and [he] would get off the 

Palisades Parkway North to 87 North," and then take Exit 14B. Because Exit 

14B was closed due to construction, defendant continued on Route 87 North and 

looked for "Exit 15, which is Sloatsburg." Defendant drove for "five or six"

miles and realized that he may have missed Exit 15. Defendant indicated that 

he believed that he was in New York and never intended to drive in New Jersey. 

Defendant then began having mechanical difficulty with his car, with smoke 

coming out of the hood and through the vents.

At a charge conference, defendant's counsel requested that the jury be 

instructed that the State was required to prove beyond a reasonable doubt "that 

the defendant knowingly operated a motor vehicle in New Jersey." The judge

denied the request, finding that defendant's geographical location was not a 

material element of the offense. The trial judge noted that "knowingly," as set 

forth in the charge, pertains to the operation of a motor vehicle with knowledge 
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that the driver's license was suspended. The trial judge went on to emphasize 

that the intent behind the driving while suspended statute is to "lodge criminal 

penalties for persons whose driver's license[s] are suspended for certain drunk 

driving offenses and who, while under suspension for those offenses unlawfully 

operate a motor vehicle." 

To defendant's benefit, however, the trial judge did instruct the jury on 

mistake of fact:

In this case, the defendant contends that he is not 

guilty of driving while license is suspended or revoked 

for DWI or refusal to submit to a chemical breath test 

because he [mistakenly] believed that he was driving in 

the State of New York.

If you find the defendant held this belief, then he 

could not have acted with the [s]tate of mind that the 

State is required to prove beyond a reasonable doubt.

If you find that the State has failed to prove 

beyond a reasonable doubt that the defendant did not 

hold this belief, then you must find him not guilty of 

driving while license is suspended or revoked for DWI 

or refusal to submit to a chemical breath test.

However, if you find the State has proven beyond 

a reasonable doubt the defendant did not hold this 

belief, and you find that the State has proven all of the 

elements of the offense beyond a reasonable doubt, then 

you must find the defendant guilty of driving while 

license is suspended or revoked for DWI or refusal to 

submit to a chemical breath test. 
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On March 1, 2018, the jury returned a guilty verdict on the driving while 

suspended offense. On May 4, 2018, the trial judge denied defendant's motion 

for a new trial. 

At sentencing, the trial judge identified and balanced the aggravating and 

mitigating factors. The trial judge found aggravating factor number three 

because defendant's substance abuse issues rendered him at high risk for 

reoffending. The judge also found aggravating number nine, which considers 

the need for deterrence, stating "[t]his [c]ourt places particular emphasis and 

weight on this factor. The statutory and legislative intent behind 

[N.J.S.A.]2C:40-26 is to deter folks who have their license suspended for a DWI, 

or refusal, to continue operating their car on the roadways in the State of New 

Jersey." 

The trial judge "impose[d] middle weight" on mitigating factor number 

seven, which considers that "the [d]efendant has no history of prior 

delinquency." The trial judge also found mitigating factor number eleven 

applied because "the imprisonment of the [d]efendant will entail excessive 

hardship to his . . . dependents." 

The trial judge acknowledged that she received letters in support of 

defendant's good character, which implicated mitigating factor number nine, but 
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declined to find that the factor was supported in this case. Specifically, the judge 

stated:

I am well aware of all of the glowing reports and letters 

that I have received, indicating that [defendant] would 

never harm another individual. That he always acts 

with kindness. That he takes in animals, and he takes 

care of them. That is not the conduct that he exhibited,

and displayed on [October 28, 2015]. In fact, other 

times he's been in this courtroom, he has never 

indicated one iota of remorse. He's always indicated, 

"I can't go to prison with those folks." As if he's 

somehow . . . better, or looks down upon other folks

who are in prison. I'm not saying that Mr. White in any 

way shape or form is a bad man. Sometimes good 

people do bad things. But his behavior is what brought 

him here to this [c]ourt today to be sentenced.

Finding the aggravating factors substantially outweighed the mitigating factors, 

the judge sentenced defendant to nine months of incarceration with a onehundred-and-eighty-day period of parole ineligibility, to be served concurrently 

with the ninety days she had imposed for the DWI conviction. 

This appeal ensued. On appeal, defendant presents the following 

arguments for our review: 

POINT I

IT WAS REVERSIBLE ERROR FOR THE TRIAL 

COURT TO FAIL TO INCLUDE IN THE JURY 

CHARGE RELATING TO N.J.S.A. 2C:40-26(b) 

THAT [DEFENDANT] KNOWINGLY OPERATED A 

MOTOR VEHICLE IN NEW JERSEY.
10 A-4322-17T4

POINT II

IT WAS REVERSIBLE ERROR THAT THE TRIAL 

COURT DENIED [DEFENDANT] A BRIEF TWOWEEK ADJOURNMENT TO OBTAIN SUBSTITUTE 

COUNSEL OF HIS CHOOSING, FORCING 

[DEFENDANT] TO INSTEAD PROCEED WITH AN 

ATTORNEY WHO HAD NEVER TRIED A 

CRIMINAL CASE IN SUPERIOR COURT.

A. [DEFENDANT'S] SIXTH AMENDMENT 

RIGHT TO COUNSEL WAS VIOLATED.

B. [DEFENDANT] WAS PREJUDICED AS A 

RESULT OF THE TRIAL COURT'S DENIAL OF HIS 

REQUEST FOR A TWO-WEEK ADJOURNMENT 

FOR NEW COUNSEL RESULTING IN 

INEFFECTIVE ASSISTANCE OF COUNSEL.

1. TRIAL COUNSEL'S EXPERTISE FELL BENEATH THE LEGAL REQUIREMENT WHEN HE 

OPENED THE DOOR TO EVIDENCE REGARDING 

AN IGNITION INTERLOCK DEVICE.

2. IT WAS INEFFECIVE ASSISTANCE OF 

COUNSEL AS WELL AS REVERSIBLE ERROR 

FOR THE TRIAL COURT TO ALLOW PHOTOGRAPHS WITHOUT FOUNDATION OR BASIS TO 

GO INTO EVIDENCE AND/OR BE USED BY THE 

STATE TO CROSS-EXAMINE [DEFENDANT].

3. IT WAS INEFFECTIVE ASSISTANCE OF 

COUNSEL FOR TRIAL COUNSEL TO INTRODUCE 

WHAT COULD BE CONSIDERED AN INCRIMINATING STATEMENT BY [DEFENDANT].

POINT III
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IT WAS REVERSIBLE ERROR FOR THE JUDGE 

DURING SENTENCING TO CONSIDER AS AGGRAVATING CIRCUMSTANCES, [DEFENDANT'S]

FAILURE TO BE REMORSEFUL AND HIS LACK 

OF APOLOGY FOR HIS ACTIONS DURING THE 

TRIAL.

We address these issues in turn.

A.

Defendant argues that the trial judge erred in refusing to instruct the jury 

that the State needed to prove that defendant knowingly operated a motor vehicle 

in New Jersey pursuant to N.J.S.A. 2C:40-26(b). Defendant contends that by 

not instructing the jury that the State needed to prove that defendant knew he 

was in New Jersey, "the [t]rial [c]ourt converted N.J.S.A. 2C:40-26(b) into a 

strict liability statute[.]" We agree with the trial judge's conclusion that 

defendant's knowledge of the geographical location in which he was driving is 

not a material element of the driving while suspended offense, and we conclude 

there was no error in the jury instructions.

"'Appropriate and proper charges to a jury are essential to a fair trial.' And 

proper explanation of the elements of a crime is especially crucial to the 

satisfaction of a criminal defendant's due process rights." State v. Burgess, 154 

N.J. 181, 185 (1998) (quoting State v. Green, 86 N.J. 281, 287 (1981)). 
12 A-4322-17T4

It is the independent duty of the court to ensure that the 

jurors receive accurate instructions on the law as it 

pertains to the facts and issues of each case, irrespective 

of the particular language suggested by either party. 

Finally, "[a]s an indication of the paramount 

importance of accurate jury instructions, we have held 

that erroneous instructions on material issues are 

presumed to be reversible error." 

[State v. Reddish, 181 N.J. 553, 613 (2004) (quoting 

State v. Marshall, 173 N.J. 343, 359 (2002)) (citation 

omitted).] 

The driving while license is suspended or revoked statute provides, in 

pertinent part:

It shall be a crime of the fourth degree to operate a 

motor vehicle during the period of license suspension 

in violation of R.S.39:3-40, if the actor's license was 

suspended or revoked for a second or subsequent 

violation of R.S.39:4-50 or section 2 of P.L.1981, c. 

512 (C.39:4-50.4a).

[N.J.S.A. 2C:40-26(b).]

Because the statute itself does not expressly designate a mens rea requirement, 

pursuant to N.J.S.A. 2C:2-2(c)(3), the culpability requirement is "knowingly" as 

defined by N.J.S.A. 2C:2-2(b). That mental state is reflected in the model jury 

charge for N.J.S.A. 2C:40-26, which describes the elements that must be met by 

the State to prove the offense:
13 A-4322-17T4

In order for defendant to be convicted of this offense, 

the State must prove the following elements beyond a 

reasonable doubt:

1. That the defendant knowingly operated a motor 

vehicle;

2. That the defendant's license was suspended or 

revoked for his/her

(a) first violation of [driving while intoxicated] or 

[refusal to submit to a chemical breath test] and the 

actor had previously been convicted of operating a 

motor vehicle during the period of license suspension 

while under suspension for that first offense;

OR

(b) second or subsequent violation of [driving while 

intoxicated] or [refusal to submit to a chemical breath 

test]; and

3. That the defendant knew that his/her license was 

suspended or revoked.

[Model Jury Charges (Criminal), "Driving While 

License is Suspended or Revoked for DWI or Refusal 

to Submit to a Chemical Breath Test (N.J.S.A. 2C:40-

26)" (rev. Apr. 11, 2016).]

As the trial judge correctly found, the geographical location of the motor 

vehicle's operation is not a material element of the offense. Cf. N.J.S.A. 2C:39-

5(e)(1) (criminalizing otherwise lawful possession of a weapon if a defendant 

possesses the weapon on the grounds of an educational institution). The State 

needed to prove only that defendant knew he was operating a vehicle and that 
14 A-4322-17T4

he knew his license was suspended for a violation of the DWI statute, both 

elements of which were conceded by defendant at trial. The trial judge rightly 

refused to alter the model jury charge to add an additional, non-material, element 

to the charge.

Regardless, the judge agreed to charge the jury with the defense of 

"[i]gnorance or mistake," which provides, in pertinent part:

Ignorance or mistake as to a matter of fact or law is a 

defense if the defendant reasonably arrived at the 

conclusion underlying the mistake and:

(1) It negatives the culpable mental state required to 

establish the offense; or

(2) The law provides that the state of mind established 

by such ignorance or mistake constitutes a defense.

[N.J.S.A. 2C:2-4(a).] 

The trial judge tailored the charge to the facts of this case by instructing the jury 

that if it found that defendant held the mistaken belief that he was driving in 

New York, rather than New Jersey, "then he could not have acted with the [s]tate 

of mind that the State is required to prove beyond a reasonable doubt." Thus, 

while defendant did not receive the exact jury instruction that he requested, he 

received a jury instruction that had the same effect, because it required the jury 

to consider whether the State proved that defendant reasonably but mistakenly 
15 A-4322-17T4

believed he was driving in New York. The judge expressly charged the jury that 

if they believed defendant's account, they should find him not guilty.

Thus, we discern no error in the jury instructions provided by the trial 

judge.

B.

Defendant next argues that the trial judge erred by denying his request for 

a two-week adjournment to obtain new trial counsel. We review a trial court's 

decision to allow or deny an adjournment for abuse of discretion. State v. Hayes, 

205 N.J. 522, 537 (2011). Denial of such a motion "will not lead to reversal 

unless it appears from the record that the defendant suffered manifest wrong or 

injury." Ibid. (quoting State v. Doro, 103 N.J.L. 88, 93 (E. & A. 1926)). "If a 

trial court conducts a reasoned, thoughtful analysis of the appropriate factors, it 

can exercise its authority to deny a request for an adjournment to obtain counsel 

of choice." State v. Kates, 216 N.J. 393, 396-97 (2014). 

"[A] defendant's right to counsel of choice 'is not absolute' and may be 

balanced against the demands of the court's calendar, among other issues[.]" Id.

at 396. "What constitutes a reasonable adjournment to permit a defendant to 

retain counsel of his own choice depends generally upon the surrounding facts 

and circumstances." Hayes, 205 N.J. at 538 (quoting Furguson, 118 N.J. Super. 
16 A-4322-17T4

at 402). We consider the following factors in determining whether an 

adjournment is warranted:

[T]he length of the requested delay; whether other 

continuances have been requested and granted; the 

balanced convenience or inconvenience to the litigants, 

witnesses, counsel, and the court; whether the requested 

delay is for legitimate reasons, or whether it is dilatory, 

purposeful, or contrived; whether the defendant 

contributed to the circumstance which gives rise to the 

request for a continuance; whether the defendant has 

other competent counsel prepared to try the case, 

including the consideration of whether the other 

counsel was retained as lead or associate counsel; 

whether denying the continuance will result in 

identifiable prejudice to defendant's case, and if so, 

whether this prejudice is of a material or substantial 

nature; the complexity of the case; and other relevant 

factors which may appear in the context of any 

particular case.

[Furguson, 198 N.J. Super. at 402 (quoting United 

States v. Burton, 584 F.2d 485, 490-91 (D.C. Cir. 

1978)).]

Pertinent to the issue on this appeal, Zachary Hashmi, Esq., began representing 

defendant in this matter in February 2016. At the time, Hashmi was a member 

of the firm in which Jeff Gold, Esq. was a partner. In December 2016, Hashmi 

became a partner in the firm and continued his representation of defendant. 

Meanwhile, Gold moved to Colorado. At no time did Gold make a court 
17 A-4322-17T4

appearance, handle any aspect of defendant's representation, or discuss any trial 

issues with defendant.

The trial was twice adjourned at defendant's request, once because of his 

own health issues, and once due to his mother-in-law's health. In mid-2017, the 

court set a February 2018 trial date. The trial was scheduled to begin with jury 

selection on February 13, 2018. On the morning of February 13, however, 

Hashmi informed the judge that defendant was requesting a two-week 

adjournment to obtain new counsel. Defendant claimed that "[i]t's always been 

my understanding that Jeff Gold, the person that I hired, was going to be first 

chair at my trial. And that . . . Hashmi would be second chair." 

Defendant informed the judge that he received a letter from Hashmi on 

February 9, 2018 that "raised [his] initial concern" about who was going to try 

the case. Defendant did not discuss this concern with Hashmi. Rather, 

defendant contacted John Menzel, Esq., between February 9 and February 12,

2018 and reviewed the case with him. They discussed "an expert in the DOT 

for New York, which was not brought up [by Hashmi]" as well as "[s]ome other 

issues that . . . [Menzel] . . . had said . . . might have been helpful. . . . or . . .

that he might have strategized and utilized" if Menzel had been representing 

defendant from the outset of the case.
18 A-4322-17T4

Hashmi advised the trial judge that defendant never expressed any 

expectation that Gold or someone other than Hashmi would step into the case at 

the last minute to handle the trial. He added the following:

Your Honor, I just want to state that I did go through 

two years['] worth of notes. I have [sixteen] court 

appearances by me. . . . Everything in the file was done 

by me, signed by me, indicating that I represent 

[defendant]. I just don't have anything that would 

support anything regarding his statement that he was 

told that someone else would try the case. I just needed 

to clear the record on that having reviewed all the 

materials I have in front of me. And I just wanted to 

put that in front of you, Your Honor. Thank you. 

Considering the foregoing factual context, we conclude that the trial judge was 

well within her discretion in denying defendant's request for a twelfth-hour, third 

adjournment of the trial to obtain substitute counsel. The judge's decision was 

issued after a thorough review and careful consideration of the factors set forth 

in Furguson, 198 N.J. Super. at 402. See Kates, 216 N.J. at 396-97.

Specifically, the trial judge found it was unclear what the realistic length 

of the delay would be because, although defendant suggested that other counsel 

was prepared to take over and try the case in two weeks, defendant also stated 

that his new attorney might have wanted to obtain different expert witnesses. 

The judge had already granted two prior adjournments to defendant for personal 

reasons. The judge found that the adjournment would inconvenience the 
19 A-4322-17T4

witnesses, counsel, and the court because the trial had been scheduled and 

rescheduled for eight months. 

In addition, the judge found that defendant's request was not for 

"legitimate reasons," but rather was "dilatory, purposeful, [and] contrived." In 

that regard, defendant knew that the trial date had been scheduled for eight 

months, and he was aware that Hashmi was present for all pretrial motions.

However, despite defendant's knowledge, he did not bring any concerns to the 

court's or Hashmi's attention until the eve of trial. For that reason, the judge 

found that defendant "contributed to the circumstances which [gave] rise to the 

request [for a continuance.]" 

The judge's findings have ample support in the record, and we see no basis 

to disturb them. We therefore reject defendant's contention that the judge erred 

in denying his request for an adjournment. 

C.

We also reject defendant's argument that the trial judge erred by 

considering his lack of remorse as an aggravating factor at sentencing.

We review an imposition of a sentence for abuse of discretion. See State 

v. Johnson, 118 N.J. 10, 15 (1990). Our review of a sentence is limited to 

whether determination of the sentencing factors was appropriate, whether it was 
20 A-4322-17T4

supported by competent evidence in the record, and whether the sentence it so 

unreasonable that it shocks the judicial conscience. State v. Roth, 95 N.J. 334, 

362-64 (1984). We "affirm a sentence even if [we] would have [reached] a 

different result, as long as the trial [judge] properly identifies and balances 

aggravating and mitigating factors that are supported by competent credible 

evidence in the record." State v. O'Donnell, 117 N.J. 210, 215 (1989).

In this case, the trial judge appropriately identified and balanced the

aggravating and mitigating factors, and her findings are amply supported by the 

record. Contrary to defendant's argument, the trial judge did not consider his 

lack of remorse as a separate aggravating factor. The trial judge considered 

defendant's lack of remorse in connection with mitigating factor number nine, 

"[t]he character and attitude of the defendant indicate that he is unlikely to 

commit another offense." The trial judge acknowledged that she received letters 

from those who know defendant, which detailed that he is a good person who 

does not harm others. The trial judge then went on to state that when balanced 

against defendant's lack of remorse for his prior alcohol-related driving offenses, 

demonstrated by his repeated DWI violations, she did not find that mitigating 

factor number nine applied. We thus conclude that the sentence imposed was 

within the judge's discretion.
21 A-4322-17T4

D.

Finally, we reject defendant's argument that reversal is warranted because 

his trial attorney provided ineffective assistance of counsel. New Jersey courts 

"have expressed a general policy against entertaining ineffective-assistance-ofcounsel claims on direct appeal because such claims involve allegations and 

evidence that lie outside the trial record." State v. Preciose, 129 N.J. 451, 460

(1992). We find no reason to depart from that sound policy in this case and 

decline to address defendant's ineffective assistance claims on direct appeal.

To the extent that we have not addressed the parties' remaining arguments, 

we conclude that they lack sufficient merit to warrant discussion in a written 

opinion. R. 2:11-3(e)(1)(E). 

Affirmed.