STATE OF NEW JERSEY VS. KENNETH PAGLIAROLI(05-03-0335, MIDDLESEX COUNTY AND STATEWIDE), A-5054-14T1

Background

Defendant Kenneth Pagliaroli was convicted after a month-long jury trial of multiple counts including first‑degree conspiracy to commit armed robbery and aggravated manslaughter, accomplice to armed robbery and aggravated manslaughter, and possession of a weapon; he received an aggregate 50‑year sentence subject to NERA provisions.
The State’s case included a threatening letter and voicemail from Pagliaroli to the victim, videotaped contact between Pagliaroli and the actual shooter (Delphie "Dee" Patton) shortly after the murder, cell‑phone records, and testimony from Pagliaroli’s wife linking him to the events the night of the shooting.
Patton was the triggerman; he made inculpatory statements implicating Pagliaroli but those statements were not presented at trial; Patton later died in custody.
On direct appeal convictions and sentences were affirmed; Pagliaroli obtained a remand for an evidentiary PCR hearing on an ineffective‑assistance claim alleging trial counsel failed to object to substantial hearsay and prior bad‑acts testimony and elicited such material on cross‑examination.
At the PCR hearing trial counsel (an experienced, certified criminal attorney) testified the admission of hearsay/bad‑acts evidence was a deliberate strategy to portray the entire milieu (victim, witnesses, defendant) as a drug‑riddled, unstable world and to discredit key witnesses (notably the wife), a strategy that succeeded in obtaining acquittals on the most serious charges.
The PCR court found trial counsel credible, defendant not credible, and held counsel’s strategic decision to permit some hearsay/bad‑acts testimony fell within the wide range of reasonable professional assistance; the Appellate Division affirmed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial counsel rendered ineffective assistance by failing to object to hearsay and other‑crime/bad‑acts evidence	State: Counsel employed a reasonable strategy to contextualize and diminish the impact of damaging admissions; permitting evidence was tactical	Pagliaroli: Counsel should have objected; admission of hearsay and bad‑acts testimony prejudiced trial outcome	Held: No ineffective assistance — permitting evidence was a conscious, reasonable trial strategy within Strickland deference
Whether counsel’s performance prejudiced the defense under Strickland’s prejudice prong	State: No reasonable probability of a different outcome; strategy helped obtain acquittals on murder charges	Pagliaroli: Admission of prejudicial evidence undermined confidence in verdicts	Held: No prejudice shown — court upheld verdicts and found strategy contributed to favorable outcomes on key counts
Whether the PCR court’s factual findings (credibility of counsel vs. defendant) should be disturbed on appeal	State: PCR findings entitled to deference; supported by record	Pagliaroli: Contends counsel’s PCR testimony revealed after‑the‑fact rationalizations and incomplete investigation	Held: Appellate review defers to PCR credibility findings; findings supported by evidence and affirmed
Whether new investigatory adequacy arguments may be considered on appeal	State: Issues raised late and in reply are procedurally barred; trial counsel had retired police investigators assist	Pagliaroli: Asserts incomplete investigation merits heightened review	Held: Court declined to consider new claim raised in reply; no relief granted

Key Cases Cited

Strickland v. Washington, 466 U.S. 668 (establishes two‑prong ineffective assistance standard)
State v. Fritz, 105 N.J. 42 (New Jersey adoption of Strickland standard)
State v. Nash, 212 N.J. 518 (deference to PCR court fact findings on credibility)
State v. Castagna, 187 N.J. 293 (strategic miscalculations rarely warrant reversal absent fundamental unfairness)
State v. O'Neil, 219 N.J. 598 (discussion of Strickland application in PCR context)
State v. Harris, 181 N.J. 391 (standard for appellate review of PCR factual findings)