RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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-2890-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. C.M., Defendant-Appellant. ________________________ Argued September 27, 2021 – Decided October 15, 2021 Before Judges Sumners and Vernoia. On appeal from the Superior Court of New Jersey, Law Division, Cape May County, Accusation No. 19-11- 0614. Melissa Rosenblum argued the cause for appellant. Gretchen A. Pickering, Senior Assistant Prosecutor, argued the cause for respondent (Jeffrey H. Sutherland, Cape May County Prosecutor, attorney; Gretchen A. Pickering, on the brief). PER CURIAM Defendant C.M.1 appeals the denial of his motion to withdraw his guilty plea to first-degree aggravated sexual assault against eight-year-old M.R., N.J.S.A. 2C:14-2(a)(1), second-degree endangering the welfare of a child against eleven-year-old J.R., N.J.S.A. 2C:24-4(a)(1), and second-degree sexual assault by coercion against twenty-year-old mentally incapacitated C.S. N.J.S.A. 2C:14-2(c)(1). He contends: POINT I THE TRIAL COURT ABUSED ITS DISCRETION WHEN DENYING DEFENDANT['S] [] MOTION TO WITHDRAW HIS GUILTY PLEAS PURSUANT TO R[ULE] 3:9-3[(e)]AND SLATER.2 POINT II DEFENDANT['S] [] PLEA SHOULD HAVE BEEN VACATED BECAUSE THE FACTUAL BASIS WAS INSUFFICIENT TO SUSTAIN A CONVICTION FOR AGGRAVATED SEXUAL ASSAULT, SEXUAL ASSAULT, AND ENDANGERING THE WELFARE OF A CHILD. POINT III DEFENDANT [] PLEADED GUILTY WITHOUT BEING INFORMED OF THE EFFECT OF 1 We use initials to protect the privacy and preserve the confidentiality of the victims and this proceeding. N.J.S.A. 2A:82-46(a); R. 1:38-3(c)(9). 2 State v. Slater, 198 N.J. 145 (2009). A-2890-19 2 DEPORTATION RAMIFICATIONS ON HIS 3 MEGAN'S LAW AND PAROLE SUPERVISION FOR LIFE REQUIREMENTS. We affirm substantially for the reasons expressed by Judge Bernard E. DeLury, Jr. in his thorough and thoughtful oral opinion. I An investigation was conducted by the Cape May County Prosecutor's Office regarding allegations of sexual abuse by defendant against M.R., J.R., and C.S. Defendant was subsequently charged with first-degree aggravated sexual assault against M.R.; second-degree endangering the welfare of a child, M.R., N.J.S.A. 2C:24-4(a)(1); second-degree sexual assault, M.R., N.J.S.A. 2C:14-2(b); second-degree sexual assault, J.R., N.J.S.A. 2C:14-2(b); two counts of second-degree endangering the welfare of a child against J.R.; first-degree aggravated sexual assault upon a victim whom defendant knew was mentally incapacitated, C.S., N.J.S.A. 2C:14-2(a)(7); and second-degree sexual assault against C.S. Two months later, defendant waived his right to indictment by a grand jury and pled guilty to the charges of first-degree aggravated sexual assault against M.R., second-degree endangering the welfare of a child against J.R., and 3 N.J.S.A. 2C:7-1 to -11. A-2890-19 3 second-degree sexual assault against C.S. At the plea hearing, Judge Michael J. Donahue questioned defendant concerning his status as a legal resident and the immigration consequences that would flow from a guilty plea: [THE JUDGE]: Are you a citizen of the United States? [DEFENDANT]: No. …

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