STATE OF NEW JERSEY VS. ARIEL SERRANO(11-11-1901, HUDSON COUNTY AND STATEWIDE), A-2553-15T4

In May 2011 defendant Ariel Serrano was observed by a Jersey City police detective pointing a two-tone semi-automatic handgun during a large street fight; the detective chased, others apprehended Serrano, and a canine unit recovered the gun from a trash can.
Serrano was indicted on multiple counts; the first eight counts were dismissed pretrial and a jury convicted him on the remaining weapons-related count.
Serrano was sentenced in May 2013 to a ten-year prison term with a five-year parole disqualifier; his direct appeal was affirmed.
Serrano filed a pro se PCR petition later amended by counsel alleging ineffective assistance of trial counsel on several grounds and requesting an evidentiary hearing.
The PCR court denied relief without an evidentiary hearing; Serrano appealed and the Appellate Division affirmed, adopting the PCR judge’s oral opinion.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Serrano)	Held
Whether trial counsel was ineffective for failing to challenge identification or move to dismiss	Evidence (including officer identification and grand jury support) was sufficient; no infirm identification procedure to challenge	Counsel should have attacked identification and sought dismissal	No — court found grand jury/ID evidence ample and no viable ID-procedure challenge
Whether counsel was ineffective for not calling an alleged victim as a defense witness	Defendant offered no affidavit or third‑party certification to show victim’s proposed testimony or impact	Counsel failed to subpoena a key witness who would have exculpated Serrano	No — PCR submissions were self‑serving and unsupported; claim was a bald assertion
Whether counsel was ineffective for failing to obtain fingerprint analysis	State notes no fingerprints were recovered to analyze; absence of prints does not imply exculpation without proof	Counsel should have sought fingerprint expert/analysis	No — no fingerprints existed to test and defendant offered no evidence that prints would have exculpated him
Whether denial of an evidentiary hearing was error	PCR record and law did not show a prima facie case requiring an evidentiary hearing	Serrano argued the facts he alleged warranted a hearing	No — PCR court properly exercised discretion; Serrano failed to make a prima facie showing of deficient performance and prejudice

Strickland v. Washington, 466 U.S. 668 (establishing two‑prong test for ineffective assistance of counsel)
State v. Fritz, 105 N.J. 42 (applying Strickland in New Jersey)
State v. Preciose, 129 N.J. 451 (explaining PCR standards and burden of proof)
State v. Porter, 216 N.J. 343 (requirement for affidavits/certifications to support claims about investigation/witnesses)
State v. Loyal, 386 N.J. Super. 162 (discussing comment on absence of fingerprint evidence and need for proof of potential exculpatory value)