Supreme Court of New Jersey

State of New Jersey, Plaintiff-Respondent v. James Nichols, Defendant-Appellant

October 28, 197671 N.J. 358

Summary

The Supreme Court of New Jersey reversed the Appellate Division, holding that a defendant may withdraw a guilty plea when the plea was entered based on a material misrepresentation about sentencing, even if the State claims prejudice. The court remanded for an order permitting withdrawal of the murder plea, reinstating the armed robbery charge, and directing a new trial.