Muni-mail – Plea vacated for inadequate plea colloquy – State v. J.J.

In this morning’s Appellate Division decision in State v. J.J., the Court held that the failure of the court to fully explain the penal consequences of a guilty plea to a defendant provided an adequate basis for the defendant to revoke his guilty plea. The panel ruled that without a full, detailed and complete explanation by the sentencing court to the defendant of the direct and penal consequences of a plea, the defendant can be misled into pleading guilty. Such a misunderstanding following sentencing can justify vacating the plea to correct a manifest injustice.

Download a copy of State v. J.J.

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Category: Muni-Mail Archive