05-10-11 STATE OF NEW JERSEY VS. TERRENCE MILLER A-6243-07T4
Defendant's conviction need not be reversed merely on the ground that the first time he met the Assistant Public Defender who was substituted to represent him in place of his previous assigned counsel was the date scheduled for a suppression hearing and trial. To be entitled to a new hearing and trial, defendant must show ineffective assistance of counsel or other prejudice in violation of his due process rights.
In dissent, Judge Fuentes would hold that principles of fundamental fairness require a new hearing and trial without a showing of ineffective assistance or prejudice beyond the late initial contact with defendant's trial attorney.
