State v. Nichols

The issue projected by this appeal is the efficacy of a plea bargain wherein the trial court, the prosecutor and the defendant’s attorney made a material inaccurate representation to the defendant as to- the potential penal consequences of the charges laid against him. The trial court refused to set aside the plea because of prejudice to the State. The Appellate Division affirmed, one judge dissenting. 136 N. J. Super. 200 (1975). The defendant appeals as of right. R. 2:2-1 (a). We reverse.

The background for this appeal is adequately set forth in the opinion of the Appellate Division and need…