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STATE v. GAITAN

No. A-0197-09T4.

17 A.3d 227 (2011)

419 N.J. Super. 365

STATE of New Jersey, Plaintiff-Respondent, v. Frensel GAITAN, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 7, 2011.

Attorney(s) appearing for the Case

Yvonne Smith Segars , Public Defender, attorney for appellant ( Gregory P. Jordan , Designated Counsel, on the brief).

Paula T. Dow , Attorney General, attorney for respondent ( Frank J. Ducoat , Deputy Attorney General, of counsel and on the brief).

Before Judges CUFF, FISHER and SIMONELLI.

The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we consider whether the recent decisions in Padilla v. Kentucky, 559 U.S. ___, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), and State v. Nuñez-Valdéz, 200 N.J. 129, 975 A.2d 418 (2009), should apply to this noncitizen defendant's argument, raised for the...

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