NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted September 9, 2013.
On appeal from the Superior Court of New Jersey, Law Division, Hudson County, Indictment No. 10-12-2167.
Joseph E. Krakora, Public Defender, attorney for appellant (David A. Gies, Designated Counsel, on the brief).
Gaetano T. Gregory, Acting Hudson County Prosecutor, attorney for respondent (Brian Schreyer, Special Deputy Attorney General/Acting Assistant Prosecutor, on the brief).
Before Judges Kennedy and Guadagno.
Tried to a jury, defendant Usama Zaghlol was convicted of third-degree perjury, N.J.S.A. 2C:28-1, and fourth-degree false swearing, N.J.S.A. 2C:28-2. Defendant was sentenced to a four-year suspended prison term. He appeals from the January 4, 2012 judgment of conviction, raising the following contentions for our consideration:
THE STATE DID NOT PROVIDE A SUFFICIENT EVIDENTIAL FOUNDATION FOR THE FALSE STATEMENTS AS ALLEGED IN THE INDICTMENT WHERE NONE OF ITS WITNESSES CORROBORATED THE RELEVANT FACTS.
THE TRIAL PROSECUTOR'S LACK OF CANDOR TO BOTH THE TRIAL COURT AND APPELLATE DIVISION WARRANTS DISMISSAL OF ITS INDICTMENT AGAINST THE DEFENDANT FOR PERJURY AND FALSE SWEARING.
THE TRIAL COURT'S FAILURE TO IMMEDIATELY CURE THE PROSECUTOR'S REMARKS IN HER CLOSING ARGUMENT UNFAIRLY PREJUDICED THE DEFENDANT'S RIGHT TO A FAIR TRIAL.
Our review of the record convinces us that these arguments are not persuasive. Accordingly we affirm.
I. The 2009 Trial
In December 2009, defendant was charged under Indictment Number 10-01-0041 with aggravated sexual assault, criminal sexual contact, endangering the welfare of a child, and related charges. The State alleged that defendant had sexually assaulted three ...