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State v. Gizas

Superior Court of New Jersey, Appellate Division

July 23, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
SPYRIDON GIZAS, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 7, 2013

On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment No. 11-02-0249.

Edward J. Bilinkas, attorney for appellant.

Carolyn A. Murray, Acting Essex County Prosecutor, attorney for respondent (Sara A. Friedman, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the brief).

Before Judges Messano and Ostrer.

PER CURIAM

Following a jury trial, defendant Spyridon Gizas was found guilty of two counts of third-degree conspiracy to fraudulently use a credit card and commit theft by deception, N.J.S.A. 2C:5-2, 2C:21-6(h), and 2C:20-4; four counts of third-degree fraudulent use of a credit card, N.J.S.A. 2C:21-6(h); and four counts of third-degree theft by deception, N.J.S.A. 2C:20-4. After merging the conspiracy convictions with those for the substantive offenses, the judge sentenced defendant to an aggregate term of five years imprisonment.

On appeal, defendant raises the following issues:

DEFENDANT'S APPEAL SHOULD BE GRANTED AND THE CONVICTION SHOULD BE OVERTURNED BECAUSE THE STATE FAILED TO TURN OVER DISCOVERABLE EVIDENCE AS REQUIRED PURSUANT TO R. 3:13-3(b) AND (c) WHICH DEPRIVED DEFENDANT OF HIS RIGHT TO A FAIR TRIAL
TRIAL COUNSEL'S FAILURE TO ASCERTAIN THE EXISTENCE OF TEN ADDITIONAL CODEFENDANT[S] AND PROPERLY CROSS EXAMINE KEY WITNESS [MUSLAY] REGARDING HIS INVOLVEMENT IN THE GREATER CRIMINAL ENTERPRISE AMOUNTED TO INEFFECTIVE ASSISTANCE OF COUNSEL AND [DEFENDANT'S] CONVICTION SHOULD BE OVERTURNED

Having considered these arguments in light of the record and applicable legal standards, we affirm defendant's conviction. We do not consider the argument raised in his second point, preserving the right to present the claim in a petition for post-conviction relief (PCR) should he so choose.

I.

Defendant was indicted by the Morris County grand jury, but the case was tried in the Law Division, Essex County. Immediately before ...


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