NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4413-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DYLAN E. BARBIERI, Defendant-Appellant. ________________________ Submitted February 8, 2022 – Decided March 25, 2022 Before Judges Currier and Smith. On appeal from the Superior Court of New Jersey, Law Division, Gloucester County, Accusation No. 13-06- 0576. Jill R. Cohen, attorney for appellant. Christine A. Hoffman, Acting Gloucester County Prosecutor, attorney for respondent (Steven J. Salvati, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the brief). PER CURIAM Defendant appeals from the denial of his post-conviction relief (PCR) petition after a hearing, asserting he did not enter a knowing and voluntary guilty plea, was not fully advised of the consequences of his guilty plea, and his defense counsel did not review discovery prior to the plea. He also challenges the PCR court's order quashing certain subpoenas. We affirm. Defendant was charged in an accusation with second-degree robbery, N.J.S.A. 2C:15-1(a)(1), after he attempted to leave a store with two thirty-two- inch flat screen television sets without paying for them. At the time of defendant's arrest he was homeless and unemployed. He had pending shoplifting charges. He admitted to using five to six bags of heroin a day and that he was under the influence of heroin at the time of these events. Defendant applied and was accepted into the Recovery Court program. In exchange for a guilty plea to the robbery charge, defendant was sentenced to five years' probation in the Recovery Court program. During the plea hearing, defendant stated that as he got "right outside the front door," a store employee "[g]rabbed [him] by the arm and pulled [him] back inside." Although defendant attempted to get away from the employee by pulling away from him, defendant testified that the store employee "grabbed my A-4413-19 2 jacket and I just kind of pulled off of it." Defendant conceded he used force to pull away. Defendant also advised the plea judge he understood his right to a grand jury and jury, he was entering into the guilty plea voluntarily, he understood the terms of the plea, and he had discussed the matter with counsel. Defendant also stated he understood if he did not successfully complete the Recovery Court program, he would be subject to an alternate sentence of three years in prison, with an eighty-five percent parole disqualifier pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2.1 Defendant successfully completed the Recovery Court program in November 2016. In 2019, defendant filed a PCR petition asserting that he received ineffective assistance of counsel because plea counsel did not review discovery with him, resulting in defendant entering a guilty plea without a factual basis. He …
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