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STATE v. ALLAH

787 A.2d 887 (2002)

170 N.J. 269

STATE of New Jersey, Plaintiff-Respondent, v. Al-Muhhye ALLAH, a/k/a Andrew Simmons, Defendant-Appellant.

Supreme Court of New Jersey.

Decided January 17, 2002.

Attorney(s) appearing for the Case

Mark H. Friedman, Assistant Deputy Public Defender, argued the cause for appellant (Peter A. Garcia, Acting Public Defender, attorney).

Maryann K. Lynch, Acting Assistant Prosecutor, argued the cause for respondent 2 (Donald C. Campolo, Acting Essex County Prosecutor, attorney).

Steven G. Sanders argued the cause for amicus curiae American Civil Liberties Union of New Jersey (Arseneault & Fassett and Edward L. Barocas, Legal Director, attorneys; Mr. Sanders, Mr. Barocas, Lenora M. Lapidus and J.C. Salyer, of counsel and on the briefs).

Blair R. Zwillman, Maplewood, argued the cause for amicus curiae The Association of Criminal Defense Lawyers of New Jersey (Zwillman & Zwillman, attorneys).

Gerard C. Sims, Jr., Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (John J. Farmer, Jr., Attorney General, attorney).

The opinion of the Court was delivered by LaVECCHIA, J.

In this appeal defendant claims he was denied the effective assistance of counsel because his attorney failed to raise a double jeopardy defense prior to defendant's trial on various drug offenses after the attorney had objected to an earlier grant of a mistrial on the same charges. The Appellate Division determined that defendant waived his double-jeopardy claim by...

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