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State v. Ozoria-Ambiorix

Superior Court of New Jersey, Appellate Division

July 3, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
FRIAS OZORIA-AMBIORIX, a/k/a FRIAS OZONIA-AMBIERIX, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 8, 2013

On appeal from Superior Court of New Jersey, Law Division, Bergen County, Indictment No. 02-12-3039.

Joseph E. Krakora, Public Defender, attorney for appellant (Kevin G. Byrnes, Designated Counsel, on the brief).

John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Annmarie Cozzi, Senior Assistant Prosecutor, of counsel and on the brief).

Before Judges Espinosa and Guadagno.

PER CURIAM

Defendant appeals from the denial of his petition for post-conviction relief (PCR) without an evidentiary hearing. For the reasons that follow, we affirm.

Defendant was convicted by a jury of first-degree armed robbery in July 2003. He was sentenced to fifteen years imprisonment subject to the No Early Release Act, N.J.S.A. 2C:43-7.2, and parole supervision for five years in June 2005.

Defendant appealed, raising the following arguments:

POINT I
THE TRIAL COURT ERRED IN DENYING DEFENSE COUNSEL'S MOTION FOR A MISTRIAL AS A RESULT OF QUESTIONING BY THE PROSECUTOR WHICH ELICITED TESTIMONY ASSOCIATING THE DEFENDANT WITH IMPECUNIOSITY.
POINT II
THE TRIAL COURT ERRED IN DENYING DEFENSE COUNSEL'S MOTION FOR A JUDGMENT OF ACQUITTAL AS TO COUNT I CHARGING ROBBERY.
POINT III
THE PROSECUTOR'S SUMMATION EXCEEDED THE BOUNDS OF PROPRIETY BY INFERENTIALLY COMMENTING UPON THE DEFENDANT'S FIFTH AMENDMENT PRIVILEGE. (NOT RAISED BELOW).
POINT IV
THE TRIAL COURT ERRED IN INSTRUCTING THE JURY ...

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