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State v. Duong

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


August 3, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
HAI V. DUONG, DEFENDANT-APPELLANT.

On appeal from the Superior Court of New Jersey, Law Division, Criminal Part, Atlantic County, Docket No. 05-08-1693-C-CP.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted July 17, 2007

Before Judges C.S. Fisher and Grall.

Defendant pled guilty to one count of second-degree theft of property lost, mislaid or delivered by mistake, N.J.S.A. 2C:20-6, and was sentenced to a five-year term of imprisonment. In this appeal, defendant presents the following arguments for our consideration:

I. DEFENDANT WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL DURING THE NEGOTIATION OF HIS GUILTY PLEA.

II. THE SENTENCE IMPOSED BY THE COURT WAS EXCESSIVE BECAUSE THE COURT FAILED TO PROPERLY APPLY OR BALANCE THE AGGRAVATING AND MITIGATING FACTORS.

In Point I, defendant argues that he was denied the effective assistance of counsel because, during the plea negotiations, his attorney failed to inform the prosecutor of defendant's serious gambling problem and need for treatment.

Defendant asserts that had this been known, a more favorable plea agreement would have been offered. We conclude that the merits of this argument should not now be considered but, instead, that the matter is better left for consideration upon the filing of a post-conviction relief petition. See State v. Preciose, 129 N.J. 451, 460 (1992).

We find insufficient merit in Point II to warrant discussion in a written opinion. R. 2:11-3(e)(2).

Affirmed.

20070803

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