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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued April 17, 2002

Defendant appeals from a conviction for second degree theft by failure to make required disposition of property (N.J.S.A. 2C:20-9), and from the denial of his motion for a new trial. He asserts: (1) prejudicial evidence concerning his incarceration was improperly admitted, (2) the prosecutor exceeded the bounds of fair comment in his summation, (3) the trial court committed plain error in its instructions, (4) the questions propounded in the verdict sheet deprived him of a fair trial, (5) the jury’s verdict was against the weight of the evidence, (6) the trial court ignored his impecuniosity in entering the restitution order, and (7) his motion for a new trial should have been granted because he was denied the effective assistance of counsel. We find no merit in defendant’s claims of trial error or in his attack upon the restitution order. R. 2:11-3(e)(2). We nevertheless conclude that defendant presented a prima facie case of ineffective assistance of counsel and is thus entitled to an evidentiary hearing.

 
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