STATE VS. RAYMOND D. KATES A-3907-10T1

STATE VS. RAYMOND D. KATES

A-3907-10T1

We conclude the trial court mistakenly exercised its discretion in denying defendant a continuance to enable him to retain counsel of his choice, after he learned on the eve of

trial that the assistant deputy public defender who had been representing him was about to deployed for active military service.  Although the right to counsel of choice is not

absolute and may be balanced against the court's interest in managing its calendar, the trial court failed to weigh the appropriate factors governing the discretionary decision whether

to grant the requested continuance.  The availability of competent counsel not of defendant's choice was an insufficient basis for denying the continuance.  As deprivation of counsel of choice is a structural error not subject to harmless error analysis, reversal of defendant's conviction and a new trial is mandated. 05-25-12