SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0147-16T3

STATE OF NEW JERSEY,

Plaintiff-Respondent,

v.

NADIR BAPTISTE, a/k/a ALIR

JOHNSON, and PATRICK JEAN, 

Defendant-Appellant.

Submitted May 15, 2018 – Decided June 19, 2018

Before Judges Carroll and DeAlmeida.

On appeal from Superior Court of New Jersey, 

Law Division, Union County, Indictment Nos. 

98-09-1232, 99-12-1672, 00-07-0498, 00-07-

0746, 01-04-0433 and 01-10-1188.

Joseph E. Krakora, Public Defender, attorney 

for appellant (David A. Snyder, Designated 

Counsel, on the brief).

Michael A. Monahan, Acting Union County 

Prosecutor, attorney for respondent (Paul J. 

Wiegartner, Special Deputy Attorney 

General/Acting Assistant Prosecutor, of 

counsel and on the brief).

PER CURIAM

NOT FOR PUBLICATION WITHOUT THE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.
2 A-0147-16T3

Defendant Nadir Baptiste appeals from an order entered by the 

Law Division denying his petition for post-conviction relief (PCR)

without an evidentiary hearing. We affirm.

I.

Defendant's PCR petition concerned six unrelated indictments 

dating from 1998 through 2003, which are addressed in turn below.

1

Indictment No. 98-09-1232.

On September 3, 1998, a Union County grand jury returned 

Indictment No. 98-09-1232, charging defendant with third-degree 

possession of a controlled dangerous substance (CDS), N.J.S.A. 

2C:35-10(a)(1); third-degree possession of CDS with intent to 

distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(3); 

possession of CDS with intent to distribute within 1000 feet of a 

school property, N.J.S.A. 2C:35-7; and fourth-degree resisting 

arrest, N.J.S.A. 2C:29-2(a). On December 10, 1998, defendant pled 

guilty to possession of CDS with intent to distribute within 1000 

feet of a school property, N.J.S.A. 2C:35-7.

On June 14, 1999, the trial court sentenced defendant to 428 

days of imprisonment, and three years of probation. The sentence 

was to be served concurrent with the same sentence on one count 

of Indictment No. 98-07-0928, which is not before the court.

 

1 Defendant's petition initially concerned seven indictments. 

He withdrew his challenge regarding Indictment No. 98-07-0928.
3 A-0147-16T3

Indictment No. 99-12-1672.

On December 23, 1999, a Union County grand jury returned 

Indictment No. 99-12-1672, charging defendant with third-degree 

possession of CDS, N.J.S.A. 2C:35-10(a)(1). Defendant's arrest 

on this charge resulted in a charge of violation of probation 

arising from Indictment No. 98-09-1232.

On February 5, 2002, a jury found defendant guilty on the 

single count in Indictment No. 99-12-1672.

On May 31, 2002, the trial court sentenced defendant for the 

conviction on Indictment No. 99-12-1672, and for his violation of 

probation on Indictment No. 98-09-1232, of which the court found 

defendant guilty based on the jury verdict. The court imposed a 

four-year prison term on Indictment No. 98-09-1232, and a fiveyear prison term with an eighteen-month period of parole 

ineligibility on Indictment No. 99-12-1672 to be served 

consecutively to the four-year term on Indictment No. 98-09-1232.2 

This court affirmed defendant's conviction on Indictment No. 99-

12-1672, but remanded for reconsideration of his sentence. State 

v. Baptiste, No. A-1060-04 (App. Div. May 23, 2006).

 

2 The court also discharged defendant's probation under 

Indictment No. 98-07-0928.
4 A-0147-16T3

Indictment No. 00-07-0746.

On July 19, 2000, a Union County grand jury returned 

Indictment No. 00-07-0746, charging defendant with third-degree 

possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-

4(d); third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2); and 

second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1).

On July 8, 2003, the trial court granted defendant's motion 

to represent himself at trial on these counts, and appointed 

standby counsel to advise defendant on legal issues. A jury found 

defendant guilty of all charges.

On October 3, 2003, the trial court sentenced defendant on 

these convictions to a ten-year term of imprisonment, subject to 

the No Early Release Act, N.J.S.A. 2C:43-7.2. The sentence was

to be served consecutive to the sentences defendant was then

serving on the earlier convictions. Defendant appealed his 

convictions and sentence arising from Indictment No. 00-07-0746. 

This court affirmed defendant's convictions but remanded for 

reconsideration of his sentence. State v. Baptiste, No. A-2483-

03 (App. Div. Mar. 9, 2006).

Indictment No. 01-04-0433.

On April 5, 2001, a Union County grand jury returned 

Indictment No. 01-04-0433, charging defendant with third-degree 

distribution of CDS, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-
5 A-0147-16T3

5(b)(3); second-degree distribution of CDS within 500 feet of a 

public park, N.J.S.A. 2C:35-7.1; third-degree possession of CDS, 

N.J.S.A. 2C:35-10(a)(1); third-degree possession of CDS with 

intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-

5(b)(3); and second-degree possession of CDS with intent to 

distribute within 500 feet of a public park, N.J.S.A. 2C:35-7.1.

On February 27, 2002, defendant appeared for trial on these 

charges. Before the jury was sworn, however, defendant stated 

that he did not want designated counsel to represent him. 

Defendant stated that he would "rather plead guilty on my own than 

to have this man represent me" and asked for an adjournment to 

hire an attorney. Noting that defendant previously turned down a 

plea offer, signed a form acknowledging the trial date, and had 

six months to find counsel, the trial court denied the adjournment 

request. Defendant thereafter entered a guilty plea to all counts 

of Indictment No. 01-04-0433 without a sentencing recommendation 

from the State. Although defendant, through counsel, filed a 

motion to withdraw his plea, the motion was later withdrawn.

On February 21, 2003, the trial court sentenced defendant to 

an aggregate term of sixteen years of imprisonment with an eightyear period of parole ineligibility to be served consecutive to 

defendant's existing sentences. This court affirmed defendant's 
6 A-0147-16T3

convictions, and remanded for reconsideration of his sentence. 

State v. Baptiste, No. A-1661-03 (App. Div. Mar. 14, 2005).

Indictment No. 01-04-0498.

On April 19, 2001, a Union County grand jury returned 

Indictment No. 01-04-0498, charging defendant with third-degree 

possession of CDS, N.J.S.A. 2C:35-10(a)(1); third-degree 

possession of CDS with intent to distribute, N.J.S.A. 2C:35-

5(a)(1) and N.J.S.A. 2C:35-5(b)(3); and second-degree possession 

of CDS with intent to distribute within 500 feet of a public park, 

N.J.S.A. 2C:35-7.1.

Trial commenced on February 10, 2003. Before jury selection, 

defendant stated that he did not want to go to trial, that his 

lawyer had not investigated the case, and that he did not want to 

be in court. After being informed by the court that the trial was 

going to proceed and that he could either stay and participate, 

or go to a nearby room and watch the trial on a video monitor, 

defendant insisted on being returned to jail. The trial commenced 

in defendant's absence. On February 11, 2003, a jury found 

defendant guilty on all counts of Indictment No. 01-04-0498.

On February 13, 2003, the trial court sentenced defendant to 

a term of eight years of imprisonment with a four-year period of 

parole ineligibility. The sentence was to run consecutive to the 

sentences defendant was serving. This court affirmed defendant's 
7 A-0147-16T3

convictions and remanded for reconsideration of his sentence. 

Ibid.

Indictment No. 01-10-1188.

On October 4, 2001, a Union County grand jury returned 

Indictment No. 01-10-1188, charging defendant with third-degree 

possession of CDS, N.J.S.A. 2C:35-10(a)(1); second-degree 

possession of CDS with intent to distribute, N.J.S.A. 2C:35-

5(a)(1) and N.J.S.A. 2C:35-5(b)(2); and second-degree possession 

of CDS with intent to distribute within 500 feet of a public park, 

N.J.S.A. 2C:35-7.1.

On April 30, 2003, a jury found defendant guilty on all counts 

of Indictment No. 01-10-1188.

On May 8, 2003, the trial court sentenced defendant to an 

aggregate term of eighteen years of imprisonment with an eightyear period of parole ineligibility on Indictment No. 01-10-1188. 

The court ordered this sentence to run consecutive to defendant's 

sentences on Indictment Nos. 99-12-1672 and 98-09-1232, and 

concurrent to his sentences on Indictment Nos. 01-04-0433 and 01-

04-0498. This court affirmed defendant's convictions and 

sentence. State v. Baptiste, No. A-0069-03 (App. Div. July 08, 

2004).

On October 10, 2013, defendant filed a pro se PCR petition 

challenging the convictions and guilty pleas detailed above. 
8 A-0147-16T3

Designated counsel thereafter submitted a legal brief in support 

of the petition. Defendant raised six points: (1) that he was 

denied effective assistance of trial counsel in each of his four 

trials; (2) that he is entitled to withdraw his guilty plea with 

respect to Indictment No. 01-04-0433; (3) that trial errors made 

each of his trials unfair; (4) that he was denied effective 

assistance of appellate counsel on the direct appeals of his 

convictions; (5) that he is entitled to an evidentiary hearing on 

his PCR petition; and (6) that his petition is not time-barred.

On April 25, 2016, after hearing oral argument, Judge Stuart 

L. Peim issued a comprehensive written opinion and order denying 

defendant's petition. Judge Peim found defendant's PCR petition 

to be time-barred. The court noted that the petition was filed 

more than seventeen years after entry of judgment on the earliest 

conviction challenged, and almost ten years after entry of judgment 

on the latest conviction challenged. These periods are well beyond 

the five-year limit for filing a PCR petition established in Rule

3:22-12(a)(1). The court found defendant's claimed excusable 

neglect in filing a timely PCR petition to be unfounded. In 

addition, the court found that relaxation of the time limit in 

Rule 3:22-12(a)(1) would prejudice the State, given the length of 

time that had passed since the convictions at issue.
9 A-0147-16T3

Judge Peim also carefully reviewed the substantive claims

raised by defendant as to each conviction to determine if 

relaxation of the time bar was necessary to avoid a fundamental 

injustice. The court concluded that defendant had not been denied 

effective assistance of counsel with respect to the counts on 

which he went to trial, or on the counts on which he knowingly and 

voluntarily entered guilty pleas.3 In addition, the court held 

that it was not error to try defendant on Indictment No. 01-04-

0498 in his absence, given his knowing and voluntary decision to 

be removed from the courtroom prior to the start of trial. 

Finally, Judge Peim held that defendant was not denied effective 

assistance of appellate counsel on the direct appeals of his

convictions. The court found that defendant had not established 

that appellate counsel failed to raise issues that, had they been 

raised, were reasonably likely to have been successful. In light 

of the lack of merit in defendant's claims, the court concluded 

that he had not established a prima facie case requiring an 

evidentiary hearing on his PCR petition.

This appeal followed.

 

3 The trial court agreed with defendant's argument that the 

judgment of conviction on Indictment No. 99-12-1672 incorrectly 

stated that defendant entered a guilty plea when he was convicted 

by a jury. The trial court ordered that the judgment of conviction 

be amended to correct this error. 
10 A-0147-16T3

II.

On appeal, defendant raises the following arguments for our 

consideration:

POINT ONE

THE DEFENDANT'S PCR PETITION SHOULD NOT HAVE 

BEEN TIME BARRED.

POINT TWO

THE PCR COURT COMMITTED ERROR DENYING THE 

DEFENDANT AN EVIDENTIARY HEARING BECAUSE HE 

ESTALBISHED A PRIMA FACIA [SIC] CASE OF 

INEFFECTIVE ASSISTANCE OF COUNSEL ON HIS 

VARIOUS MATTERS.

a. The PCR [c]ourt committed error by 

denying the Defendant his right to an 

evidentiary hearing regarding his plea in I01-04-433.

b. The PCR court committed error by denying 

the Defendant an evidentiary hearing on his 

claim trial counsel was ineffective for 

withdrawing the Defendant's motion to withdraw 

his plea in I-01-04-0433.

c. The PCR court committed error by denying 

the Defendant his right to an evidentiary 

hearing on the issue about his trial counsels 

being ineffective during their representation 

of him at trial because he established a prima 

facia [sic] case of ineffective assistance of 

trial counsel in each separate case.

POINT THREE

THE PCR COURT COMMITTED ERROR BY DENYING THE 

DEFENDANT'S MOTION TO WITHDRAW HIS PLEA IN I01-04-0433.
11 A-0147-16T3

POINT FOUR

APPELLATE COUNSEL WAS INEFFECTIVE FOR FAILING 

TO RAISE ON APPEAL THE TRIAL COURT COMMITTED 

ERROR IN GRANTING THE DEFENDANT'S APPLICATION 

TO REPRESENT HIMSELF IN I-00-07-746. (NOT 

RAISED BELOW).

Having reviewed the record in light of defendant's arguments 

and the law, we conclude that defendant's arguments are without 

sufficient merit to warrant discussion in a written opinion. R.

2:11-3(e)(2). We affirm substantially for the reasons explained 

by Judge Peim in his comprehensive and well-reasoned opinion.4

Affirmed.

 

4 We decline to address defendant's claim of ineffective 

assistance of appellate counsel with respect to Indictment No. 00-

07-0746. Defendant's argument that appellate counsel should have 

challenged the trial court decision to allow defendant to represent 

himself at trial was not raised before the trial court and does 

not "go to the jurisdiction of the trial court or concern matters 

of great public interest." Nieder v. Royal Indem. Ins. Co., 62 

N.J. 229, 234 (1973) (internal quotations omitted).