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State v. Grisales

Superior Court of New Jersey, Appellate Division

September 18, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
MAURICIO GRISALES, AKA ANDRE CRUZ, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 9, 2013

On appeal from Superior Court of New Jersey, Law Division, Union County, Indictment No. 09-01-00118.

Joseph E. Krakora, Public Defender, attorney for appellant (Michael Confusione, Designated Counsel, on the brief).

Grace H. Park, Acting Union County Prosecutor, attorney for respondent (Melissa A. Tirone, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the brief).

Before Judges Kennedy and Guadagno.

PER CURIAM

Defendant appeals his February 3, 2012 conviction, pursuant to a plea agreement, for second-degree possession of one-half ounce or more of cocaine with intent to distribute, N.J.S.A. 2C:35-5a(1) and 2C:35-5b(2), as well as the five-year sentence of incarceration "[c]onsecutive to [a] federal sentence being currently served." Defendant entered a retraxit plea of guilty to the offense on the record on November 16, 2009, after his earlier motion to suppress evidence was denied.

Defendant raises the following arguments on appeal:

Point 1 The trial court should have granted defendant's motion to suppress and excluded the evidence seized from the residence, warranting vacation of the subsequent plea based on the evidence.
Point 2 Entry of the guilty plea was improper based on legally insufficient facts and failure to fully advise defendant of all sentencing consequences during the plea colloquy.
Point 3 Defendant's sentence is improper and excessive. We have considered these arguments in light of the record and applicable legal standards, and we affirm.

I.

We discern the following facts from the record, primarily from the transcripts of the motion to suppress evidence and ...


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