State v. Cesar A. Lipa (071011)

Judge RODRÍGUEZ

(temporarily assigned) delivered opinion of the Court.

Defendant asks this Court to reverse the Appellate Division’s affirmance of the denial of his motion to withdraw his guilty plea to first-degree aggravated sexual assault. Defendant argues that the Law Division judge misapplied the standard for deciding a motion to withdraw a guilty plea prior to sentencing, as set forth in State v. Slater, 198 N.J. 145, 966 A.2d 461 (2009), and Rule 3:21-1. In the face of a general denial and specific, potentially plausible facts negating guilt, we find merit in this argument and reverse…