NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court."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-0347-18T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. CURTIS J. MCRAE, a/k/a CURTIS MCCRAE, Defendant-Appellant. _______________________ Submitted February 26, 2020 – Decided February 2, 2021 Before Judges Fuentes, Mayer and Enright. On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment Nos. 14-09-0774, 14-10-0799, and 14-10-0838. Joseph E. Krakora, Public Defender, attorney for appellant (Monique Moyse, Designated Counsel, on the brief). Camelia M. Valdes, Passaic County Prosecutor, attorney for respondent (Christopher W. Hsieh, Chief Assistant Prosecutor, of counsel and on the brief). The opinion of the court was delivered by FUENTES, P.J.A.D. Defendant Curtis J. McCrae appeals from the order of the Criminal Part that denied his post-conviction relief (PCR) petition. We affirm. In September and October 2014, defendant was charged on three separate indictments with possession of marijuana with intent to distribute and distribution of marijuana, each within 1000 feet of a school. These offenses occurred in the City of Paterson on April 17, 2014,1 May 20, 2014,2 and July 27, 2014.3 On February 18, 2015, defendant negotiated a comprehensive plea agreement with the State that resolved the charges in all three indictments. 1 Indictment 14-10-0799-I charged defendant with fourth degree possession of marijuana in a quantity in excess of fifty grams, N.J.S.A. 2C:35-10(a)(3); third degree possession of marijuana with intent to distribute, N.J.S.A. 2C:35-5(a)(1); and third degree possession of marijuana with intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7. 2 Indictment 14-10-0838-I charged defendant with: third degree distribution of marijuana, N.J.S.A. 2C:35-5(a)(l) and N.J.S.A. 35-5(b)(l2); third degree distribution of marijuana within 1000 feet of school property, N.J.S.A. 2C:35 - 7; and two counts of third degree possession of marijuana with intent to distribute, N.J.S.A. 2C35-5(a)(1); and third degree possession of marijuana with intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7. 3 Indictment 14-09-0774-I charged defendant with: fourth degree possession of marijuana in a quantity in excess of fifty grams, N.J.S.A. 2C:35-10(a)(3); third degree possession of marijuana with intent to distribute, N.J.S.A. 2C:35-5(a)(1); (continued) A-0347-18T4 2 Defendant agreed to plead guilty to count two of Indictment 14-10-0838- I, which charged him with third degree distribution of marijuana within 1000 feet of school property. In exchange, the State would dismiss the remaining counts and recommend the court sentence defendant to a term of imprisonment not to exceed four years, with eighteen months of parole ineligibility. Defendant agreed to plead guilty to count three of Indictment 14-09-0774-I, which charged defendant with third degree possession of marijuana. The State agreed to dismiss the remaining counts and recommend the court sentence defendant to a concurrent term of one year imprisonment. Finally, with respect to Indictment ...
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