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State v. Dominguez

Superior Court of New Jersey, Appellate Division

July 25, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
CANDELARIO DOMINGUEZ, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 29, 2013

On appeal from the Superior Court of New Jersey, Law Division, Hudson County, Accusation No. 08-11-1153.

Joseph E. Krakora, Public Defender, attorney for appellant (Alan I. Smith, Designated Counsel, on the brief).

Gaetano T. Gregory, Acting Hudson County Prosecutor, attorney for respondent (Megan Kilzy, Special Deputy Attorney General/ Acting Assistant Prosecutor, on the brief).

Before Judges Alvarez and St. John.

PER CURIAM

Defendant Candelario Dominguez appeals from the May 12, 2011 Law Division order denying him post-conviction relief (PCR) based on a claim of ineffective assistance of counsel. We affirm.

On November 14, 2008, defendant entered a guilty plea to a single-count accusation charging him with third-degree distribution of cocaine within 1000 feet of school property, N.J.S.A. 2C:35-7. On January 16, 2009, he was sentenced in accordance with the agreement to a three-year state prison term concurrent to a sentence he was then serving.

During the plea colloquy, defendant claimed that while drunk he "gave . . . away" cocaine within 1000 feet of school property to an undercover agent. He added that he was "just doing a favor" for the undercover agent. When asked if he was a citizen of the United States, defendant said, "[n]o." He acknowledged that as a result of the entry of the guilty plea, that he could be deported:

Q Are you a citizen of the United States?
A No.
Q You should understand by pleading guilty to this charge in this court federal authorities can, if they want to, take – may take ...

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