NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court."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-4258-17T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. HUSSEIN NAMOYA, Defendant-Appellant. ________________________ Submitted October 10, 2019 – Decided November 6, 2019 Before Judges Whipple and Gooden Brown. On appeal from the Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 14-04- 0446. Joseph E. Krakora, Public Defender, attorney for appellant (Anderson David Harkov, Designated Counsel, on the brief). Christopher L.C. Kuberiet, Acting Middlesex County Prosecutor, attorney for respondent (David Michael Liston, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the brief). PER CURIAM Defendant Hussein Namoya appeals the trial court's January 22, 2018 order denying his post-conviction relief (PCR) petition without an evidentiary hearing. We affirm. We discern the following facts from the record. On January 15, 2014, defendant sold a bag of heroin within 1000 feet of a school in New Brunswick. The police arrested defendant and found seven decks of heroin on his person. At the time of defendant's arrest, he was a legal permanent resident of the United States. On April 16, 2014, he was indicted and charged with nine drug related offenses: third-degree possession of a controlled dangerous substance (CDS), heroin, N.J.S.A. 2C:35-10a(1); third-degree possession of heroin with the intent to distribute, N.J.S.A. 2C:35-5a(1) and N.J.S.A. 2C:35-5b(3); third-degree possession of heroin with the intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-5a(1) and N.J.S.A. 2C:35-7; second-degree possession of heroin with the intent to distribute within 500 feet of a public park, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-7.1; third-degree possession of a CDS, alprazolam, N.J.S.A. 2C:35-10a(1); third-degree possession of CDS, cocaine, N.J.S.A. 2C:35-10(a)(1); third-degree distribution of a CDS, cocaine, N.J.S.A. 2C: 35-5(a)(1) and N.J.S.A. 2C:35-5b(3); third-degree distribution of a CDS, A-4258-17T3 2 cocaine, within 1000 feet of school property, N.J.S.A. 2C:35-5a(1) and N.J.S.A. 2C:35-7; and second-degree distribution of a CDS, cocaine, within 500 feet of a public building in violation of N.J.S.A. 2C: 35-5a(1) and N.J.S.A. 2C: 35-7.1. In September 2015 defendant entered a negotiated guilty plea to third- degree possession of heroin with the intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-5a(1) and N.J.S.A. 2C:35-7, in accordance with an agreement that the State would recommend a non-custodial term of probation and dismiss all of the remaining eight counts of the indictment. Defendant executed a plea agreement form wherein he answered yes to question number seventeen, which asked, "[d]o you understand that if you are not a citizen of the United States, this guilty plea may result in your removal from the United States and/or stop you from being able to legally enter or re-enter the United States?" During the plea hearing, defendant's counsel addressed the immigration consequences by engaging in ...
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