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State v. Nicoloudakis

August 16, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
FRANKLIN NICOLOUDAKIS, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Mercer County, Indictment No. 07-08-0842.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted August 3, 2010

Before Judges Graves and Yannotti.

Defendant Franklin Nicoloudakis appeals from an order dated August 5, 2008, denying his motion for reconsideration of his sentence. After reviewing the record and the applicable law in light of the contentions advanced on appeal, we affirm.

On January 29, 2008, when he was fifty years old, defendant pled guilty to fourth-degree stalking, in violation of N.J.S.A. 2C:12-10(b). In exchange for defendant's plea, the State agreed to recommend a non-custodial probationary sentence, conditioned upon no contact with the victim and counseling. During the plea hearing on January 29, 2008, defendant provided the following factual basis for his plea:

Q: Mr. Nicoloudakis, drawing your attention to the fall of 2006, were you in the City of Trenton at that time?

A: Yes, I was.

Q: And were you driving your car?

A: Yes, I was.

Q: And as you were driving your car, did you notice two young men walking along the street?

A: Yes . . . I did. I'm sorry.

Q: And . . . do you recall noticing a person that's listed in the indictment as A.R.?

A: Yes, I do.

Q: And were you attracted to him?

A: Yes, I was.

Q: And did you pull your car in front of -- in a driveway that blocked their pathway?

A: It abuts the -- I guess you could say blocked it or abutted it, but -- yes.

Q: And did you attempt to have a conversation with him?

A: Yes, I did.

Q: And was he with a companion of a similar age?

A: Yes. Yes.

Q: And were you advised by them that they did not want ...


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