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STATE v. NICHOLS

71 N.J. 358 (1976)

365 A.2d 467

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAMES NICHOLS, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided October 28, 1976.

Attorney(s) appearing for the Case

Mr. David R. Arrajj, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Mart Vaarsi, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Vaarsi and Mr. Peter S. Hamerslag, Deputy Attorney General, on the brief).

PER CURIAM.

The issue projected by this appeal is the efficacy of a plea bargain wherein the trial court, the prosecutor and the defendant's attorney made a material inaccurate representation to the defendant as to the potential penal consequences of the charges laid against him. The trial court refused to set aside the plea because of prejudice to the State. The Appellate Division affirmed, one judge dissenting. 136 N.J.Super. 200

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