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STATE v. O'NEAL

921 A.2d 1079 (2007)

190 N.J. 601

STATE of New Jersey, Plaintiff-Respondent and Cross-Appellant, v. Rahmil O'NEAL, Defendant-Appellant and Cross-Respondent.

Supreme Court of New Jersey.

Decided May 22, 2007.

Attorney(s) appearing for the Case

Jean B. Bennett, Designated Counsel, argued the cause for appellant and cross-respondent (Yvonne Smith Segars, Public Defender, attorney).

Steven A. Yomtov, Deputy Attorney General, argued the cause for respondent and cross-appellant (Stuart Rabner, Attorney General of New Jersey, attorney; Mr. Yomtov and Natalie A. Schmid Drummond, Deputy Attorney General, of counsel and on the briefs).

Justice WALLACE, JR. delivered the opinion of the Court.

Defendant was convicted of selling cocaine in a school zone. The Appellate Division rejected defendant's claim that the police violated his constitutional rights when they asked him a question without first giving him Miranda1 warnings, but found that defendant established a prima facie claim of ineffective assistance of counsel for defense counsel's failure to file a motion...

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