Legal Opinion
State v. Gorman
New Jersey Superior Court Appellate Division
Decided April 19, 2018No. DOCKET NO. A–3481–16T4PublishedCited by 1 opinion
1Opinion of the Court
MOYNIHAN, J.S.C. (temporarily assigned).
*345Defendant John Gorman appeals from an order denying his motion to withdraw a guilty plea he entered to second-degree theft by deception, N.J.S.A. 2C:20-4,1 arguing:
POINT I
THERE WAS AN INADEQUATE FACTUAL BASIS FOR THE CRIME OF THEFT BY DECEPTION, THEREFORE DEFENDANT'S PLEA MUST BE VACATED.
*346We agree that defendant's plea allocution did not establish a factual basis for each element of the charged crime because defendant did not admit he obtained the victim's money by deception. The plea judge's reliance on the theft consolidation statute, N.J.S.A.…
2Cases cited18 opinions
- McCarthy v. United StatesSupreme Court of the United States · 1969
- Manalapan Realty v. Township Committee of the Township of ManalapanSupreme Court of New Jersey · 1995
- Bosland v. Warnock Dodge, Inc.Supreme Court of New Jersey · 2009
- State v. GandhiSupreme Court of New Jersey · 2010
- State v. SlaterSupreme Court of New Jersey · 2009
13 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- K. A. v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2021