On appeal from Superior Court of New Jersey, Law Division, Passaic County.
Approved for Publication February 3, 1997.
Before Judges Petrella, Landau and Wallace. The opinion of the court was delivered by Landau, J.A.D.
The opinion of the court was delivered by: Landau
The opinion of the court was delivered by
Defendant Frank Corpi *fn1 was charged in Passaic County under three multi-count indictments including four counts of forgery, eleven bad check counts, and one count of theft by deception. A plea agreement was reached with the prosecutor, who agreed to recommend a maximum custodial exposure of fifteen years subject to a seven and one-half year parole ineligibility stipulation, based upon defendant's plea of guilty to five bad check counts selected from among the three indictments. The remaining counts for theft, forgery, and bad checks were to be dismissed. The Plea Form executed by defendant recites only the above recommendation.
At the time of this plea negotiation, defendant was subject to pending charges or detainers in or from the counties of Monmouth, Atlantic, Union, Bergen, and Morris, and various jurisdictions in New York, Massachusetts, and Connecticut. He had a lengthy criminal history, represented by defense counsel during the retraxit plea proceeding to include writing bad checks in a number of states to the possible extent of one million dollars.
During the retraxit plea proceeding, the following exchanges of comment occurred:
THE COURT: All right. And as I understand, I understand the plea agreement the total exposure here is for a sentence to New Jersey State Prison of 15 years with a provision that you serve seven-and-a-half years without being eligible for parole, that's the maximum, the most that can happen to you at sentence.
THE COURT: And the remaining counts of each of the three indictments will be dismissed.
MR. KAPLAN [Defense Counsel]: However, Judge, the record should reflect that the Prosecutor has agreed to change the recommendation to reduce it to a five year state prison sentence two-and-a-half without parole on all counts total, that would be the maximum exposure and they would run concurrent to one another provided that Mr. Corpi between now and sentencing is able to come up to the full restitution which I believe it [sic] $28,114 and change. When I say full restitution I'm talking about all ten counts in all three indictments he has to make restitution, not just the five we're referring to. Or all 13 counts, whatever it is.
And I would also suggest so that we avoid any potential conflict between the aggrieved party and the aggrieving parties, wherever he gets this money from his own sources or from his uncle, that the money should be paid to and through probation, that way there won't be any contact between all the various victims and the defendant or his ...