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State of New Jersey v. Marvin Canady

August 14, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
MARVIN CANADY, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Atlantic County, Indictment No. 08-09-2190.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted August 6, 2012

Before Judges Ashrafi and Hayden.

Defendant Marvin Canady appeals from denial of his petition for post conviction relief (PCR) alleging ineffective assistance of counsel. We affirm.

Defendant pleaded guilty on March 16, 2009, to charges from two indictments. Indictment No. 08-09-2190E charged defendant and another person, Kyle Kittrell, with second-degree robbery, N.J.S.A. 2C:15-1, and second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2. The charges arose from an incident at the Trump Plaza Hotel and Casino in Atlantic City on August 9, 2008, which was captured in part by surveillance recording equipment. Defendant and Kittrell stood at a craps table near a casino patron, S.W., and then followed him to a restaurant. Although the surveillance recording did not show what occurred at the restaurant, S.W. told casino security and the police that the two men pushed him several times and attempted to steal money from his pocket.

In providing a factual basis for his plea of guilty to the robbery charge, defendant testified under oath as follows:

THE COURT: Now, I understand that you were at a local casino, is that correct? DEFENDANT: Yes, sir.

THE COURT: And you were with Mr. [Kittrell]?

DEFENDANT: Yes, sir.

THE COURT: And I understand that you observed [S.W.] coming off the casino floor, is that right?

DEFENDANT: Yes.

THE COURT: And he was on his way to a restaurant?

DEFENDANT: Yes.

THE COURT: . . . Is it true that you had observed Mr. [W.] in possession of some money coming off the casino floor? DEFENDANT: Yes, sir.

THE COURT: And did you then do something to take that money from Mr. [W.]? DEFENDANT: Yes.

THE COURT: Tell me what happened, sir. DEFENDANT: Mr. [W.] standing in - We seen Mr. [W.] at the crap table and we followed him to the restaurant and, therefore, I - I bumped into him while Kyle [Kittrell] took the money out of his pocket.

THE COURT: Okay. So you - you bumped into him or banged into him using some force . . . .

DEFENDANT: Yes, sir.

THE COURT: . . . threw him off his balance it sounds like, and Mr. ...


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