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State v. Mosaid

July 6, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
MAGDI MOSAID, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Municipal Appeal No. 4801.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 9, 2010

Before Judges Sabatino and J. N. Harris.

Defendant Magdi Mosaid appeals from his conviction for issuing or passing a check knowing that it will not be honored, N.J.S.A. 2C:21-5. Defendant was initially found guilty in the Passaic Municipal Court and was sentenced to one year probation, a $750 fine, restitution of $288.90, along with other costs and monetary penalties. An additional sanction of $250 was imposed by the municipal court judge for defendant's lack of readiness to try the case on a specific date. Defendant then appealed to the Law Division.

After a trial de novo, defendant was again convicted, and was sentenced just as he was in municipal court, except the Law Division judge vacated the $250 sanction.

Now on appeal to this court, defendant presents the following arguments:

POINT I

THE STATE FAILED TO PROVE MR. MOSAID GUILTY OF ALL OF THE ELEMENTS OF THE OFFENSE BEYOND A REASONABLE DOUBT. THE JUDGMENT OF CONVICTION SHOULD BE VACATED AND THE MATTER REMANDED TO MUNICIPAL COURT FOR THE ENTRY OF A JUDGMENT OF ACQUITTAL.

POINT II

DEFENDANT'S SIXTH AMENDMENT RIGHT TO A FAIR TRIAL WAS VIOLATED BY THE COURT WHICH SANCTIONED MR. MOSAID FOR NOT APPEARING WITH COUNSEL, THREATENED HIM BEFORE TRIAL FOR ASSERTING HIS RIGHT TO TRIAL AND PUNISHED HIM AT SENTENCING FOR HAVING PROCEEDED TO TRIAL.

POINT III

IN THE EVENT THIS COURT DOES NOT GRANT THE ABOVE RELIEF, DEFENDANT SEEKS A REMAND OF THIS MATTER FOR RESENTENCING ON THE BASIS THAT THE PENALTIES IMPOSED WERE EXCESSIVE.

Based upon our review of the record and applicable law, we are unpersuaded by defendant's arguments and affirm the conviction and ...


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