NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted July 9, 2013
On appeal from Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 09-04-0523.
Joseph E. Krakora, Public Defender, attorney for appellant (Adam W. Toraya, designated counsel, on the brief).
Andrew C. Carey, Acting Middlesex County Prosecutor, attorney for respondent (Brian D. Gillet, Special Deputy Attorney General, Acting Assistant Prosecutor, on the brief).
Before Judges Ashrafi and St. John.
Defendant Ravinder Singh appeals from an order of the Law Division denying his petition for post-conviction relief (PCR) after an evidentiary hearing. We affirm.
We briefly summarize the relevant procedural history and the facts based on the record before us.
Defendant was indicted under Indictment No. 09-04-0523 for one first-degree and three second-degree offenses. On June 22, 2009, pursuant to a negotiated plea, defendant pled guilty to two amended charges, third-degree conspiracy to commit burglary and theft, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:18-2, and third-degree burglary, N.J.S.A. 2C:18-2. The State agreed to dismiss the remaining counts against defendant at sentencing and recommended that the sentences be concurrent and not exceed three years imprisonment.
At the plea hearing the judge advised defendant his sentence would not "be more than three years." He was asked by the judge "have any other promises been made to you?" Defendant answered "No, sir." As to the immigration consequences of his plea, the judge asked defendant, "do you understand that if you are not a United States citizen or National, you may be deported by virtue of your guilty plea? Do you understand that?" Defendant responded, "Yes, sir." Defendant and his counsel then had the following colloquy:
COUNSEL: . . . Mr. Singh, you're not, in fact, a ...