NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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-0430-18T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ILYA BOBROV, Defendant-Appellant. _____________________________ Submitted March 18, 2020 – Decided June 2, 2020 Before Judges Whipple and Mawla. On appeal from the Superior Court of New Jersey, Law Division, Morris County, Indictment No. 04-06-0629. Terry Webb, attorney for appellant. Fredric M. Knapp, Morris County Prosecutor, attorney for respondent (Tiffany M. Russo, Assistant Prosecutor, on the brief). PER CURIAM Defendant Ilya Bobrov appeals the August 17, 2018 denial of his post- conviction relief (PCR) petition without an evidentiary hearing. We affirm. Defendant raises the following issues on appeal: POINT I: PRIOR COUNSEL RENDERED INEFFECTIVE ASSISTANCE OF COUNSEL BY FAILING TO ADVISE [DEFENDANT] OF THE POTENTIAL IMMIGRATION CONSEQUENCES OF ENTERING A GUILTY PLEA. POINT II: [DEFENDANT]'S RIGHTS TO FAIR TRIAL UNDER THE UNITED STATES AND NEW JERSEY CONSTITUTION WAS VIOLATED BY THE STATE'S FAILURE TO COMPLY WITH THE VIENNA CONVENTION OF CONSULAR RELATIONS. POINT III: THERE WAS NO FACTUAL BASIS TO SUPPORT [DEFENDANT]'S PLEA; THUS [DEFENDANT]'S SENTENCE WAS ILLEGAL AND MAY BE CORRECTED AT ANY TIME. Defendant is a citizen of Russia who was granted lawful permanent resident status of the United States in August 1999, when he was sixteen years old. In May 2003, defendant was arrested in Union County; it is not apparent from the record what the original charges were, but on November 20, 2003, he was sentenced to one year of probation and a six-month suspension of his driver's license for a disorderly persons (DP) offense related to drugs. On November 21, 2003, defendant was again arrested and charged with third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(1), for which he was indicted in Morris County. This offense is the subject of the PCR petition. On A-0430-18T4 2 July 15, 2004, defendant initially entered a not-guilty plea with his counsel from the Office of the Public Defender and applied for Pretrial Intervention (PTI) the same day. On July 24, 2004, defendant was once again arrested. This time, he was charged with third-degree resisting arrest, N.J.S.A. 2C:29-2(a), which was later downgraded to fourth-degree obstruction by flight, N.J.S.A. 2C:29-1(a), and leaving the scene of an accident, N.J.S.A.39:4-129(a), among other charges that were ultimately dropped. It is not clear from the record what happened with defendant's PTI application. However, on September 16, 2004, with a different attorney, defendant pled guilty to the November 2003 third-degree heroin possession charge, for which he had been indicted, as well as the July 2004 fourth-degree obstruction by flight and leaving the scene of an accident charges, for which he waived indictment. Defendant's exposure was up to five years for the heroin possession charge, eighteen months for obstruction by flight charge, ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals