State v. Gaitan, 209 N.J. 339, 37 A.3d 1089 (Feb. 28, 2012) (Supreme Courts Padilla decision is a new constitutional rule of law which is not applicable retroactively on collateral review); distinguishing State v. Nunez-Valdez, 200 N.J. 129 (2009) (defense counsel rendered ineffective assistance of counsel when he gives false or affirmatively misleading advice concerning deportation consequences of a guilty plea, and defendant shows he would not have entered the guilty plea if he had received accurate information).

 

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