November 1, 2017
appeal from Superior Court of New Jersey, Law Division,
Bergen County, Indictment No. 08-12-2199.
M. Mark argued the cause for appellant.
Michael R. Philips, Assistant Prosecutor, argued the cause
for respondent (Gurbir S. Grewal, Bergen County Prosecutor,
attorney; Michael R. Philips, of counsel and on the brief;
Nicole Paton, on the brief).
Judges Fuentes, Manahan and Suter. 
Defendant Kevin Brown appeals from the order of the Criminal
Part denying his petition seeking post-conviction relief
(PCR). We affirm.
December 19, 2008, a Bergen County Grand Jury returned an
indictment against defendant charging him with third-degree
possession of marijuana with intent to distribute, N.J.S.A.
2C:35-5(a)(1), N.J.S.A. 2C:35-5(b)(11); fourth-degree
possession of marijuana, N.J.S.A. 2C:35-10(a)(3); and
second-degree endangering the welfare of a child, N.J.S.A.
2C:24-4(a). Defendant was represented at all proceedings
related to this case by a staff attorney from the Bergen
County Office of the Public Defender.
7, 2010, defendant entered into a negotiated agreement with
the State through which he pled guilty to the first count in
the indictment charging him with third-degree possession of
marijuana with intent to distribute. As described by the
prosecutor, in exchange for defendant's guilty plea, the
State agreed to dismiss the remaining counts in the
indictment and recommend that the court sentence defendant to
a term of probation conditioned upon serving 364 days in the
Bergen County jail.
placing defendant under oath, the judge asked him the
following questions with respect to his immigration status
and apprised him of the potential legal consequences of his
decision to plead guilty:
THE COURT: All right. Now, are you a United States citizen?
THE COURT: Do you understand [that] if you're not a
United States citizen or national you may be deported by
virtue of your plea of guilty?
DEFENDANT: Yes, sir.
THE COURT: Do you understand that if you plead guilty to a
crime of a certain aggravated felony under federal law you
will be subject . . . to deportation or removal?
DEFENDANT: Yes, sir.
THE COURT: Do you understand you have the right to seek legal
advice on your immigration status prior to entering a plea of
DE FENDANT: Yes, sir.
THE COURT: All right. And you have sought advice on the
immigration aspect of it?
THE COURT: Are you prepared to proceed ...