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State v. Mysiuk

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


August 7, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
DAVID MYSIUK, DEFENDANT-APPELLANT.

On appeal from Superior Court of New Jersey, Law Division, Bergen County, Indictment No. 01-08-1969.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 30, 2009

Before Judges Stern and Parker.

We affirm the denial of defendant's petition for post- conviction relief (PCR) substantially for the reasons embodied in Judge Harry G. Carroll's opinion and order entered November 3, 2006. We add only the following.

We will assume the fact that defendant was incarcerated twenty months on an indictment charging him with the violation of N.J.S.A. 2C:12-10b, a fourth-degree crime, is inexcusable even though defendant was committed to the Anne Klein Hospital for observation twice during that period. Defendant asserts that he pled guilty because he "had been in jail 20 months at the time of plea" for which there was "a maximum penalty of 18 months in prison" and that was the only way he could obtain release. However, defendant was well aware of the length of his incarceration and its impact when he pled guilty. As Judge Carroll noted in his opinion, defendant stated in his PCR petition that he had a "plan ... to plead, then immediately appeal, hoping for a reversal on grounds of coercion."

Under well-established principles of law, the entry of a guilty plea constitutes a waiver of any technical defects in the indictment and the denial of the right to a speedy trial. See State v. Knight, 183 N.J. 449, 470-71 (2009); State v. Raymond, 113 N.J. Super. 222 (App. Div. 1971). The mere allegation of ineffective assistance of counsel by virtue of the entry of a guilty plea does not entitle defendant to PCR or the right to an evidentiary hearing. Moreover, while we have great sympathy for the undisputed fact defendant was incarcerated twenty months awaiting trial or disposition of a fourth-degree crime which carries an eighteen-month maximum, we know of no authority for the proposition that that fact warrants either vacation of the plea or post-conviction relief.*fn1

The order denying PCR is affirmed.


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