05-06-11 STATE OF NEW JERSEY VS. JAMES E. BARLOW A-2593-09T3
We find that counsel rendered ineffective assistance to defendant when she declined to file a motion on his behalf to retract his guilty plea and, at the sentencing hearing when retraction was raised, she denigrated defendant's position by disclosing to the judge the independent investigation that she and her office had undertaken that demonstrated defendant's guilt. Because the judge's determination regarding retraction was made on the basis of the unfavorable record created by defense counsel, we remanded for reassignment of counsel and a hearing on the issue of retraction before a different judge, using pre-sentencing standards.
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