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STATE v. KATES

Docket No. A-3907-10T1

42 A.3d 929 (2012)

426 N.J. Super. 32

STATE of New Jersey, Plaintiff-Respondent, v. Raymond D. KATES, a/k/a Raymond D. Stinger, Ray Kates, Dennis Kates, Raymond D. Cakes, Raymond Stingray, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided May 25, 2012.

Attorney(s) appearing for the Case

Lauren S. Michaels , Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney; Ms. Michaels, of counsel and on the brief).

Meghan O. Price-Furfari , Assistant Prosecutor, argued the cause for respondent ( Jennifer Webb-McRae , Cumberland County Prosecutor, attorney; Ms. Price-Furfari , of counsel and on the brief).

Before Judges AXELRAD, SAPP-PETERSON and OSTRER.

The opinion of the court was delivered by

OSTRER, J.S.C. (temporarily assigned).

Defendant Raymond D. Kates appeals from his conviction of second-degree eluding, N.J.S.A. 2C:29-2b (Count 1), and resisting arrest by flight, N.J.S.A. 2C:29-2a(2) (Count 4). Defendant claims the court denied him his constitutional right to counsel of choice by improperly denying him a continuance to hire a private attorney. We agree and reverse.

I.

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