NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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-3139-18T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ELMAN MARROQUIN, Defendant-Appellant. _______________________ Submitted October 6, 2020 – Decided December 28, 2020 Before Judges Mawla and Natali. On appeal from the Superior Court of New Jersey, Law Division, Somerset County, Indictment No. 16-05- 0284. Joseph E. Krakora, Public Defender, attorney for appellant (John J. Bannon, Designated Counsel, on the brief). Michael H. Robertson, Somerset County Prosecutor, attorney for respondent (Amanda Frankel, Assistant Prosecutor, of counsel and on the brief). PER CURIAM Defendant Elman Marroquin appeals from an October 5, 2018 order denying his petition for post-conviction relief (PCR) following an evidentiary hearing and his motion to withdraw his guilty plea. He also appeals from a December 20, 2018 order denying his motion for reconsideration. Defendant claims his trial counsel was constitutionally ineffective because he failed to: 1) discuss with him all available defenses; 2) review the State's discovery with him; 3) warn about his maximum sentencing exposure, including the immigration consequence of any plea; and 4) advise that he could accept pretrial intervention (PTI), or proceed to trial in lieu of his plea deal. Defendant also moved to vacate his plea primarily contending that it was neither voluntary nor knowing as he failed to provide a sufficient factual basis to support the charges. We disagree with all of these arguments and affirm. I. Defendant was arrested after he got into a drunken altercation with his brother and pulled out a box cutter. After the fight was interrupted by a bystander, responding officers arrived and asked defendant to drop the box cutter but he did not immediately comply. Defendant was arrested and charged with: 1) third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2); 2) third- degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d); A-3139-18T4 2 and 3) fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d). He was also issued a summons for resisting arrest, N.J.S.A. 2C:29-2(a)(1), a disorderly persons offense. Defendant applied for admission into the PTI program, a request that was initially recommended and not opposed by the State. As a condition of his admission to PTI, however, defendant was required to plead guilty to the charges. Although defendant completed the necessary plea forms, he did not plead guilty at the scheduled plea hearing. Instead, he maintained his innocence and requested the opportunity to consult with an immigration attorney. After defendant spoke with an immigration attorney, he resubmitted his plea forms and pled guilty to amended charges of: 1) simple assault, N.J.S.A. 2C:12-1(a)(3); 2) disorderly conduct, N.J.S.A. 2C:33-2(a)(1); 3) fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d); and 4) resisting arrest, N.J.S.A. 2C:29-2(a). At the plea hearing, defendant admitted his guilt and ...
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