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- A-3877-18T2 Opinionnjcourts.gov… HE FAILED TO RECEIVE ADEQUATE LEGAL REPRESENTATION FROM PLEA COUNSEL. A. LEGAL PRINCIPLES. B. FAILURE OF PCR COURT … serving a sentence in Maryland when his New Jersey counsel (plea counsel) negotiated a plea agreement that called for defendant to plead guilty to …
- A-3688-16T2 Opinionnjcourts.gov… an aggregate sentence in accordance with defendant's plea agreement of twenty years subject to an eighty-five … them. He further stated that he would not have accepted the plea offer had the terms been fully explained by his … decision, Judge Wigler addressed defendant’s argument that plea counsel was ineffective by failing to inform defendant …
- A-5070-16T4 Opinionnjcourts.gov… HIS CONTENTION THAT HE WAS ENTITLED TO WITHDRAW HIS GUILTY PLEA ON THE BASIS HE HAD FAILED TO RECEIVE ADEQUATE LEGAL … THE DEPORTATION CONSEQUENCES ARISING OUT OF HIS GUILTY PLEA, RESULTING IN A GUILTY PLEA WHICH HAD NOT BEEN FREELY, KNOWINGLY AND VOLUNTARILY …
- STATE OF NEW JERSEY VS. JAMES WHEELER (16-03-0380, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… defendant in accordance with the terms of his negotiated plea agreement to sixteen years in prison, subject to an 85% … In imposing the sixteen-year sentence recommended in the plea agreement, the judge applied aggravating factor two. As … power of resistance[.] Here, defendant admitted during his plea colloquy that he indiscriminately fired several shots …
- A-5380-18T3 Opinionnjcourts.gov… defendant in accordance with the terms of his negotiated plea agreement to sixteen years in prison, subject to an 85% … In imposing the sixteen-year sentence recommended in the plea agreement, the judge applied aggravating factor two. As … power of resistance[.] Here, defendant admitted during his plea colloquy that he indiscriminately fired several shots …
- njcourts.gov… NO.: 24-12-400-1 BRIEF IN SUPPORT OF MOTION TO COMPEL OTHER PLEA OFFERS Statement of Facts On August 29, 2024, Mr. … wrote to counsel for Mr. Higgins and extended the following plea offer: SLM-24-000547 03/04/2025 3:03:42 PM Pg 2 of 9 … Haddonfield, New Jersey 08033 Telephone: (856) 428-7000 Email: rfk@klineburgerandnussey.com ~6Vf9'11~ Matthew V. …
- STATE OF NEW JERSEY VS. SONNY NICHOLAS (18-01-0108, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… aggravated assault, N.J.S.A. 2C:12-1(b)(1). After pleading guilty to the offense, but prior to sentencing, … of child pornography. Defendant sought to withdraw his plea, claiming he would not have agreed to plead guilty had he known of the investigation. The trial …
- A-2302-18T4 Opinionnjcourts.gov… aggravated assault, N.J.S.A. 2C:12-1(b)(1). After pleading guilty to the offense, but prior to sentencing, … of child pornography. Defendant sought to withdraw his plea, claiming he would not have agreed to plead guilty had he known of the investigation. The trial …
- njcourts.gov… without an evidentiary hearing. Defendant maintains his plea counsel rendered ineffective assistance by purportedly … him about the deportation consequences of his guilty plea. Judge Diane Pincus entered the order and rendered a … on the merits, the PCR judge pointed out that defendant's plea form reflected he was not a United States citizen, …
- STATE OF NEW JERSEY VS. ZBIGNIEW KOLODZIEJ (04-06-0896, PASSAIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… concerning the deportation consequences of his guilty plea. We affirm. Defendant was charged in October 2004 with … the legal limit. Defendant negotiated through his counsel a plea agreement with the State. He appeared before the trial … that he could get deported as a consequence of his guilty plea. Consistent with the plea agreement, defendant was …
- A-3219-15T1 Opinionnjcourts.gov… concerning the deportation consequences of his guilty plea. We affirm. Defendant was charged in October 2004 with … the legal limit. Defendant negotiated through his counsel a plea agreement with the State. He appeared before the trial … that he could get deported as a consequence of his guilty plea. Consistent with the plea agreement, defendant was …
- A-2300-20 Opinionnjcourts.gov… without an evidentiary hearing. Defendant maintains his plea counsel rendered ineffective assistance by purportedly … him about the deportation consequences of his guilty plea. Judge Diane Pincus entered the order and rendered a … on the merits, the PCR judge pointed out that defendant's plea form reflected he was not a United States citizen, …
- STATE OF NEW JERSEY VS. ANDREW A. KRAMER (14-02-0158, GLOUCESTER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… On January 30, 2015, defendant entered a negotiated guilty plea to the armed robbery charge and was sentenced to ten … N.J.S.A. 2C:43-7.2. In accordance with the terms of the plea agreement, the remaining counts of the indictment were … would have proceeded to trial rather than enter a guilty plea" "[i]f not for the ineffectiveness of [his] trial …
- STATE OF NEW JERSEY VS. PEDRO M. DECASTRO (06-12-1105, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… hearing and his concurrent motion to withdraw his guilty plea. In his petition, defendant asserts that his plea counsel failed to properly advise him of the immigration consequences of his plea. We reverse and remand for an evidentiary hearing …
- STATE OF NEW JERSEY VS. JAVIEL TORO (08-10-2524, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… guilty to count one of the indictment. He appeared with plea counsel and after providing a factual basis for the plea, engaged in a colloquy with counsel confirming the knowing and voluntary nature of the plea. Specifically, defendant confirmed that he had reviewed …
- A-0233-18T4 Opinionnjcourts.gov… On January 30, 2015, defendant entered a negotiated guilty plea to the armed robbery charge and was sentenced to ten … N.J.S.A. 2C:43-7.2. In accordance with the terms of the plea agreement, the remaining counts of the indictment were … would have proceeded to trial rather than enter a guilty plea" "[i]f not for the ineffectiveness of [his] trial …
- A-2992-18T4 Opinionnjcourts.gov… hearing and his concurrent motion to withdraw his guilty plea. In his petition, defendant asserts that his plea counsel failed to properly advise him of the immigration consequences of his plea. We reverse and remand for an evidentiary hearing …
- A-3894-15T4 Opinionnjcourts.gov… guilty to count one of the indictment. He appeared with plea counsel and after providing a factual basis for the plea, engaged in a colloquy with counsel confirming the knowing and voluntary nature of the plea. Specifically, defendant confirmed that he had reviewed …
- STATE OF NEW JERSEY VS. JONATHAN CRUZ (MA-24-2021, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the results. Defendant subsequently entered a guilty plea to refusing to provide a breath sample and driving … dismissed the remaining charges in exchange for defendant's plea. At the plea hearing, defendant and his counsel engaged in the …
- njcourts.gov… IN FAILING TO ADVANCE HIS MOTION TO WITHDRAW HIS GUILTY PLEA. A. THE PREVAILING LEGAL PRINCIPLES REGARDING CLAIMS OF … FAILED TO ADVANCE HIS MOTION TO WITHDRAW HIS GUILTY PLEA. Unpersuaded, we affirm. Absent an evidentiary hearing, … 2C:24-4(a) (counts seventeen and eighteen), defendant pleaded guilty to second-degree sexual assault of a …