STATE OF NEW JERSEY VS. C.M. (19-11-0614, CAPE MAY COUNTY AND STATEWIDE) (RECORD IMPOUNDED), A-2890-19

Background

C.M. was charged with multiple sex offenses involving three victims: an 8‑year‑old (aggravated sexual assault), an 11‑year‑old (endangering the welfare of a child), and a mentally incapacitated 20‑year‑old (sexual assault by coercion).
He waived indictment and pled guilty to three counts as part of a plea bargain recommending concurrent terms (including 23 years with 15 years parole ineligibility on the first‑degree count).
At the plea hearing C.M., through an interpreter, admitted facts: digital anal penetration of the child, fondling of the 11‑year‑old’s breasts, and coercing the incapacitated adult with gifts to obtain sex.
The plea court advised C.M. about deportation risk, Megan’s Law registration, parole supervision for life (PSL), and Avenel evaluation/civil commitment possibilities; C.M. said he understood and proceeded.
About a month later, before sentencing, C.M. moved to withdraw his plea, alleging innocence and ineffective assistance of counsel; the trial judge denied the motion after applying the Slater factors and accepted the plea sentence.

Issues

Issue	State's Argument	Defendant's Argument	Held
Whether defendant may withdraw plea under R.3:9‑3(e)/Slater	Denial proper: Slater factors weigh against withdrawal — no colorable innocence, plea bargain, prejudice to State	Claimed innocence and counsel coercion, lack of discovery, coerced waiver of rights	Affirmed: trial court did not abuse discretion; defendant failed the first Slater factor and other factors weigh against withdrawal
Whether plea allocution provided a sufficient factual basis for the convictions	Allocution and admissions satisfied each element for the charged offenses	Argued factual basis inadequate because answers were largely "yes" to leading questions	Held sufficient: leading questions permissible; defendant admitted essential facts, so plea supported
Whether plea was knowing and voluntary given deportation/Megan’s Law/PSL consequences	Court adequately warned defendant of deportation, Megan’s Law, and PSL; deportation does not negate those advisals	Argued not informed that deportation would affect Megan’s Law/PSL obligations and create third‑degree exposures abroad	Held knowing and voluntary: record shows defendant was told the relevant consequences; deportation does not change the sufficiency of advisals
Whether ineffective‑assistance claims warrant plea withdrawal on direct appeal	State: IAC claims are generally inappropriate on direct appeal without a developed record	Defendant: Counsel coerced plea and failed to provide discovery / protect rights during interrogation	Held: Court declined to resolve IAC on direct appeal — record undeveloped; IAC better addressed in post‑conviction proceedings

Key Cases Cited

State v. Slater, 198 N.J. 145 (2009) (articulating four‑factor test for plea‑withdrawal motions)
State v. Perez, 220 N.J. 423 (2015) (court must elicit comprehensive factual basis addressing each element)
State v. Campfield, 213 N.J. 218 (2013) (defendant may admit elements or acknowledge facts constituting them)
State v. Urbina, 221 N.J. 509 (2015) (defendant may challenge factual sufficiency of plea on direct appeal)
State v. Smullen, 118 N.J. 408 (1990) (leading questions can suffice to establish factual basis at plea)
State v. Simon, 161 N.J. 416 (1999) (representations at plea hearings are a formidable barrier to withdrawal)
State v. Munroe, 210 N.J. 429 (2012) (plea‑withdrawal motions should be treated liberally but require fact‑specific analysis)