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State v. Pedraja

April 20, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JESUS PEDRAJA, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Bergen County, Indictment No. 03-11-02186.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued March 31, 2009

Before Judges Graves and Grall.

Defendant Jesus Pedraja appeals from an order dated August 6, 2007, denying his petition for post-conviction relief (PCR).

After reviewing the record and the applicable law in light of the contentions advanced on appeal, we affirm.

On October 20, 2004, after his motion to suppress physical evidence was denied, defendant pled guilty to first-degree robbery, N.J.S.A. 2C:15-1. During the plea hearing, defendant testified he understood his constitutional rights, including his right to remain silent and his right to a trial by jury, he was satisfied with the advice he received from his attorney, and he stated he was entering the plea freely and voluntarily. In response to questions from his attorney, defendant testified as follows:

[DEFENSE COUNSEL]: I . . . direct your attention to August 3rd, 2003. Were you in the City of Englewood on that date?

MR. PEDRAJA: Yes.

[DEFENSE COUNSEL]: Were you in the company of another individual?

MR. PEDRAJA: Yes.

[DEFENSE COUNSEL]: Is that your co-defendant in this case, Mr. Rasaun Thompson?

MR. PEDRAJA: Yes.

[DEFENSE COUNSEL]: At that time did the two of you enter into a premises located on West Street ...


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