State v. Allah

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 failing to file a Rule 3:10-2 motion raising the defense. The panel also found that the consequences of the attorney’s decision were not sufficient to establish the showing of…