State v. Tahir S. Gregory (072715)
106 A.3d 1207
| N.J. | 2015Background
- Defendant Tahir S. Gregory was charged in a multi-count indictment, including possession of heroin with intent to distribute within 1,000 feet of school property (N.J.S.A. 2C:35-7).
- On the day of trial Gregory considered self-representation, then withdrew and the next day pled guilty to the school-zone possession offense.
- At plea colloquy Gregory admitted knowingly possessing heroin packaged in small, stamped baggies while within 1,000 feet of a school, initialed and signed the plea form, and said the plea was knowing and voluntary.
- The written plea form described the charge as “Poss CDS w/ intent School Zone” but did not expressly state “intent to distribute.”
- The trial court accepted the plea and imposed an extended eight-year sentence with a 48‑month parole disqualifier; the Appellate Division affirmed, and the case was certified to the New Jersey Supreme Court.
- The Supreme Court examined whether Gregory provided an adequate factual basis for the element of intent to distribute and vacated the plea for failure to admit that element or facts from which it could be inferred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the plea included an adequate factual basis for the "intent to distribute" element of N.J.S.A. 2C:35-7 | The State argued the colloquy and surrounding circumstances (packaging of narcotics, plea form) supplied a sufficient factual basis for intent to distribute | Gregory argued he never admitted intent to distribute and the plea colloquy did not establish that essential element | Court held plea was inadequate: defendant did not admit intent to distribute nor were there facts on the record from which the court could conclusively infer that intent; plea vacated |
Key Cases Cited
- State v. Lipa, 219 N.J. 323 (plea requirements: factual basis, voluntariness, knowing plea)
- State v. Campfield, 213 N.J. 218 (defendant admissions may establish elements via underlying facts)
- State v. Sainz, 107 N.J. 283 (factual basis requirement for plea)
- State ex rel. T.M., 166 N.J. 319 (courts may not presume facts establishing essential elements)
- State v. Barboza, 115 N.J. 415 (rights waived by guilty plea and court duties at plea)
- McCarthy v. United States, 394 U.S. 459 (constitutional rights waived by a guilty plea)