Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Delpilar

Superior Court of New Jersey, Appellate Division

July 30, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
ARISTOTLE DELPILAR, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted July 24, 2013.

On appeal from Superior Court of New Jersey, Law Division, Hudson County, Indictment Nos. 08-06-1088, 09-10-1874, 09-12-2156.

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

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

Before Judges Reisner and Yannotti.

PER CURIAM.

Defendant Aristotle Delpilar appeals from an order entered by the Law Division on March 1, 2012, denying his petition for post-conviction relief (PCR). We affirm.

Defendant was charged under Indictment No. 08-06-1088 with third-degree attempted theft by unlawful taking, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:20-3 (counts one and two); and third-degree forgery, N.J.S.A. 2C:21-1(a)(2) (counts three and four). Defendant pled guilty to two counts of attempted theft by unlawful taking. The State agreed to dismiss the other charges in the indictment. The court sentenced defendant to concurrent, two-year terms of probation, and ordered that the sentences be served concurrently with the sentence imposed on Indictment No. 08-05-1031.[1] The judgment of conviction was entered on December 12, 2008.

Defendant also was charged under Indictment No. 09-12-2156, with third-degree theft by unlawful taking, N.J.S.A. 2C:20-3 (count one); fourth-degree theft by unlawful taking, N.J.S.A. 2C:20-3 (count two); and third-degree forgery, N.J.S.A. 2C:21-1(a)(2) (counts three and four). In addition, defendant was charged under Indictment No. 09-10-1874 with third-degree fraudulent use of a credit card, N.J.S.A. 2C:21-6(h) (count one); and fourth-degree theft of credit cards, N.J.S.A. 2C:21-6(c)(1) (count two).

Defendant pled guilty to third-degree forgery, as charged in count three of Indictment No. 09-12-2156, and third-degree fraudulent use of a credit card, as charged in count one of Indictment No. 09-10-1874. The State agreed to recommend concurrent, probationary sentences, with credit for time served, and dismiss the remaining charges. The court sentenced defendant to five years of probation on both charges, and ordered that the sentences be served concurrently with the sentences imposed under Indictment No. 10-11-1939 and Indictment No. 08-06-1088. The judgments of convictions were entered on August 9, 2011.

Thereafter, defendant filed a pro se petition for PCR, in which he alleged he was denied the effective assistance of counsel. Defendant claimed that his attorney failed to present and argue motions to reduce bail, dismiss the indictments and assert a speedy trial claim. Defendant also alleged that his attorney failed to keep appointments with him in jail and did not adequately review the charges against him.

The court appointed PCR counsel for defendant. PCR counsel thereafter submitted a brief in which he argued that defendant was denied the effective assistance of counsel and should be permitted to withdraw his pleas. PCR counsel also raised the arguments that defendant had presented in his pro se submissions.

The court considered the petition on March 1, 2012. The court rejected defendant's claim that he had been denied the effective assistance of counsel. The court noted that defendant had not established that motions to reduce bail, to dismiss the indictments or assert a speedy trial claim would have been meritorious. The court also found that defendant had not shown how he was prejudiced by ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.