NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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-4861-18T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MIGUEL VASQUEZ, a/k/a VASQUEZ-HERNANDEZ, Defendant-Appellant. Argued November 2, 2020 – Decided December 18, 2020 Before Judges Currier and DeAlmeida. On appeal from the Superior Court of New Jersey, Law Division, Union County, Accusation No. 01-07-0913. Leslie B. Posnock argued the cause for appellant (Schwartz & Posnock, attorneys; Leslie B. Posnock, of counsel and on the briefs). Michele C. Buckley, Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for respondent (Lyndsay V. Ruotolo, Acting Union County Prosecutor, attorney; Albert Cernadas, Jr., Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the brief). PER CURIAM Defendant Miguel Vasquez appeals from the denial of his petition for post-conviction relief (PCR) and motion to vacate his guilty plea. Defendant contends the trial court erred in denying his motion to vacate the plea because it lacked an adequate factual basis and the Slater1 factors weigh in favor of vacating the plea. We affirm. In June 2001, defendant and a group of people set fire to a car that belonged to his building's superintendent. Eyewitnesses identified defendant as the person who started the fire. Defendant was charged with second-degree aggravated arson in violation of N.J.S.A. 2C:17-1(a)(2). In July 2001, defendant met with counsel to review the charge, discovery, and a plea offer. Subsequently, defendant pled guilty to third-degree arson in violation of N.J.S.A. 2C:17-1(b)(2).2 Under the plea agreement, the State sought a sentence of three years' probation, 180 days in county jail, and payment of restitution. 1 State v. Slater, 198 N.J. 145, 157-58 (2009). 2 The judgment of conviction reflects defendant correctly pled guilty to third - degree arson, however, the judgment of conviction mistakenly lists the statute for second-degree arson. A-4861-18T1 2 On the plea form, defendant indicated he committed the offense to which he was pleading guilty and he responded affirmatively to question seventeen, which asked: "Do you understand that if you are not a United States citizen or national, you may be deported by virtue of your plea of guilty?" 3 Defendant appeared alongside three other individuals entering guilty pleas for different offenses. When defendant responded he was not a U.S. citizen, the judge asked: "you understand by pleading guilty this could affect your citizenship and/or residency status?" Defendant responded: "Yes, ma'am." The judge inquired whether defendant had sufficient time to review the charge against him and the plea form with his attorney; defendant responded affirmatively. Defendant also indicated he was not forced to plead guilty and he was satisfied with his attorney's representation. After the plea judge explained the rights defendant was forfeiting by entering a guilty plea, she elicited a factual ...
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