STATE
VS. RAYMOND D. KATES
A-3907-10T1
We
conclude the trial court mistakenly exercised its discretion in denying
defendant a continuance to enable him to retain counsel of his choice, after he
learned on the eve of
trial
that the assistant deputy public defender who had been representing him was
about to deployed for active military service. Although the right to counsel of choice is not
absolute
and may be balanced against the court's interest in managing its calendar, the
trial court failed to weigh the appropriate factors governing the discretionary
decision whether
to
grant the requested continuance.
The availability of competent counsel not of defendant's choice was an
insufficient basis for denying the continuance. As deprivation of counsel of choice is a structural error
not subject to harmless error analysis, reversal of defendant's conviction and
a new trial is mandated. 05-25-12
