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State v. Beke

August 5, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
LASZLO BEKE, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 97-01-57.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 5, 2008

Before Judges Axelrad and Payne.

Defendant, Laszlo Beke, a Hungarian national, filed a petition for post-conviction relief (PCR) eight years after sentencing, contending that he should be permitted to withdraw his guilty plea because he had been inadequately informed of the immigration consequences of his plea. The petition was denied as untimely, and defendant has appealed.

On appeal, defendant presents the following arguments for our consideration:

POINT I

The Trial Court Below Committed Reversible Error (Def. A-65 to Def. A-69) in Finding That the Defendant-Appellant's Motion for Post-Conviction Relief was Time-Barred, as the Defendant-Appellant Unquestionably Established "Excusable Neglect," pursuant to R. 3:22-12(a).

Subsection A

The Mitchell factors Weigh in Favor of Finding 'Excusable Neglect."

Subsection B

Policy Considerations Weigh in Favor of Relaxing the ...


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