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STATE v. PARSONS

775 A.2d 576 (2001)

341 N.J. Super. 448

STATE of New Jersey, Plaintiff-Respondent, v. Phillip PARSONS, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 26, 2001.

Attorney(s) appearing for the Case

Peter A. Garcia, Acting Public Defender, for appellant (Bernadette N. DeCastro, Assistant Deputy Public Defender, of counsel and on the brief).

Glenn Berman, Middlesex County Prosecutor, for respondent (Simon Louis Rosenbach, Assistant Prosecutor, of counsel and on the brief).

Before Judges PETRELLA and BAIME.

The opinion of the court was delivered by BAIME, P.J.A.D.

This appeal requires us to define the standard applicable to a motion to withdraw a guilty plea based upon the State's concealment of exculpatory evidence. We hold that the court should grant such a motion if it is established that there is a reasonable probability that but for the State's failure to disclose, the defendant would not have pled guilty. Applying that...

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