STATE v. PENA


301 N.J. Super. 158 (1997)

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSE PENA, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 22, 1997.


Attorney(s) appearing for the Case

Paul S. London, attorney for appellant (Daniel N. Shapiro, of counsel and on the brief).

Peter Verniero, Attorney General of New Jersey, attorney for respondent (Arthur S. Safir, Deputy Attorney General, of counsel and on the letter brief).

Before Judges HAVEY, EICHEN and COSTELLO.


The opinion of the court was delivered by COSTELLO, J.S.C. (temporarily assigned).

Defendant Jose Pena appeals from an order denying his motion to vacate his guilty plea. We find that defendant did not give an adequate factual basis during his plea allocution. We reverse and remand.

Defendant was arrested at Newark Airport by the Port Authority Police. Acting on a tip, they stopped defendant and obtained his consent to search his suitcase. The suitcase contained...

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