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STATE v. RIVAS

A-15 September Term 2021 086051.

276 A.3d 143 (2022)

251 N.J. 132

STATE of New Jersey, Plaintiff-Respondent, v. Abayuba RIVAS, Defendant-Appellant.

Supreme Court of New Jersey.

Decided June 22, 2022.

Attorney(s) appearing for the Case

James K. Smith, Jr. , Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney; James K. Smith, Jr. , of counsel and on the briefs).

Regina M. Oberholzer , Deputy Attorney General, argued the cause for respondent ( Matthew J. Platkin , Acting Attorney General, attorney; Regina M. Oberholzer , of counsel and on the briefs).

Jason J. LeBoeuf , East Orange, argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Zeigler, Resnick & Epstein and the Law Offices of Robert J. De Groot, attorneys; Jason J. LeBoeuf and Oleg Nekritin , East Hanover, of counsel and on the brief).

The right to counsel holds a high preferred place in our constitutional scheme because the presence of counsel is an essential safeguard to the exercise of many other valued rights. See Johnson v. Zerbst, 304 U.S. 458, 462-63, 58 S.Ct. 1019,...

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