RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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-1792-20 STATE OF NEW JERSEY, Plaintiff-Respondent, v. SHANIEL N. HENRY, a/k/a SHANIEA HENRY and SHANIL N. HENRY, Defendant-Appellant. _______________________ Submitted May 10, 2022 – Decided August 17, 2022 Before Judges Currier and Smith. On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 18-03-0303. Joseph E. Krakora, Public Defender, attorney for appellant (Abby P. Schwartz, Designated Counsel, on the brief). Camelia M. Valdes, Passaic County Prosecutor, attorney for respondent (Leandra L. Cilindrello, Assistant Prosecutor, of counsel and on the brief). PER CURIAM Defendant Shaniel N. Henry, a non-citizen, pled guilty to one count of fourth-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35- 10(a)(3). He was sentenced to one year of probation conditioned upon 364 days in the county jail. Defendant filed an application for post-conviction relief (PCR). The trial judge who took defendant's plea heard the PCR motion and denied it without an evidentiary hearing. On appeal, defendant argues that his trial counsel violated his Sixth Amendment right to counsel by failing to adequately inform him of potential adverse immigration consequences as a result of his guilty plea. We affirm. Defendant's car and home were searched by police officers. Defendant, his wife, and brother all signed consent forms to permit the searches to take place. The police recovered one plastic bag containing twenty-three bags of marijuana, $200 in mixed U.S. currency, one prescription bottle, and documents addressed to defendant. Defendant was arrested and charged with: (1) fourth - degree possession of a controlled dangerous substance, N.J.S.A. 2C:35-10(a)(3); (2) fourth-degree distribution of a controlled dangerous substance, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(12); (3) third-degree distribution of a controlled dangerous substance within 1,000 feet of school property, N.J.S.A. 2C:35-5(a); (4) third-degree possession of a controlled dangerous substance A-1792-20 2 with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(11); and (5) third-degree possession of a controlled dangerous substance with intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7.1. Defendant entered into a plea bargain before Judge Sohail Mohammed, pleading guilty to fourth-degree possession of marijuana. The judge sentenced defendant to probation, conditioned upon 364 days in the county jail, and the State agreed to dismiss all other counts of the indictment. Defendant moved for PCR, raising multiple ineffective assistance of counsel claims, including: failure to properly advise defendant about the potential consequences to his immigration status of a guilty plea; failure to properly advise defendant regarding his potential defenses to the multiple drug charges; and failure to mount a challenge to the warrantless search of defendant's vehicle and home. Defendant also argued that his plea was not knowing and voluntary. Judge Mohammed, in a …
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals