State v. O'NEAL

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 to suppress the cocaine. The panel remanded for a hearing on the Fourth Amendment suppression motion, but held that if the trial court denied the motion, the…