NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted August 28, 2013
On appeal from the Superior Court of New Jersey, Law Division, Hudson County, Indictment No. 11-06-0949.
Joseph E. Krakora, Public Defender, attorney for appellant (Al Glimis, Assistant Deputy Public Defender, of counsel and on the brief).
Gaetano T. Gregory, Acting Hudson County Prosecutor, attorney for respondent (Erin Campbell, Special Deputy Attorney General/Acting Assistant Prosecutor, on the brief).
Before Judges Waugh and Haas.
Defendant Nassim Aad appeals his conviction for hindering apprehension or prosecution, contrary to N.J.S.A. 2C:29-3(b)(4). We affirm.
We discern the following facts and procedural history from the record on appeal.
On January 18, 2011, Jersey City Police Officer Marvin Ramos was dispatched to an apartment building on Jewett Avenue in Jersey City, where he spoke to Haarika KaKarla. She informed Ramos that her roommate, whom she identified as "Nassim, " owed her money. After noticing abrasions on KaKarla's neck, Ramos questioned her about how she received them. She told him that Nassim had forced her down on the bed.
Ramos then arrested the male indicated by KaKarla, who was standing nearby. According to Ramos, when asked for his name and identifying information, the man responded that his name was Marco Del Piero. Ramos testified that the man gave him a social security number and date of birth, both of which turned out to be fictitious. The suspect was only identified as Aad after he had been fingerprinted.
Although Aad was initially charged with additional offenses, including sexual assault, he was subsequently indicted only for fourth-degree hindering. It appears from the record that, following Aad's arrest, KaKarla refused to seek a restraining order pursuant to the Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 to -35, and also informed the police that there had been no sexual assault.
The indictment was tried without a jury on April 24, 2012.Ramos testified as outlined above. Aad testified that he did not identify himself as Marco Del Piero, although he acknowledged that he had used the last name Del Piero as an alias when previously arrested in Newark. He ...