Supreme Court of New Jersey

State of New Jersey, Plaintiff-Respondent v. Al-Muhhye Allah, A/K/A Andrew Simmons, Defendant-Appellant

January 17, 2002170 N.J. 269

Summary

The Court held that the defendant was denied effective assistance of counsel because his attorney failed to raise a meritorious double jeopardy defense before the second trial. The failure satisfied both prongs of Strickland, warranting reversal of the conviction and dismissal of the indictment. The Court also declined to address the plain‑error issue, as the case was resolved on other grounds.