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STATE v. GAITAN

A-109 September Term 2010, 067613, A-129 September Term 2010, 068039

37 A.3d 1089 (2012)

209 N.J. 339

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

Supreme Court of New Jersey.

Decided February 28, 2012.

Attorney(s) appearing for the Case

Frank J. Ducoat , Deputy Attorney General, argued the cause for appellant State of New Jersey ( Paula T. Dow , Attorney General, attorney).

Carol M. Henderson , Assistant Attorney General, argued the cause for appellant State of New Jersey ( Paula T. Dow , Attorney General, attorney).

Mark H. Friedman , Assistant Deputy Public Defender, argued the cause for respondent Frensel Gaitan ( Joseph E. Krakora , Public Defender, attorney).

Christopher T. Howell , Bloomfield, argued the cause for respondent Rohan Goulbourne.

Jeffrey S. Mandel , Morristown, argued the cause for amici curiae Association of Criminal Defense Lawyers of New Jersey and American Civil Liberties Union of New Jersey (PinilisHalpern, attorneys).

Justice LaVECCHIA delivered the opinion of the Court.

These companion appeals arose out of defendants' petitions for post-conviction relief (PCR). In both cases, defendants were lawful permanent residents who were indicted for drug offenses and entered guilty pleas. The guilty pleas rendered both defendants removable1 under the Immigration and Nationality Act (INA), 8 U.S.C.A. § 1227(a)(2). Each alleges that he received ineffective...

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