Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Zaghlol

Superior Court of New Jersey, Appellate Division

September 20, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
USAMA ZAGHLOL, a/k/a USAMA H. MOSTAFA, a/k/a USAMA MOUSTAFA, a/k/a USAMA M. ZAGHLOL, a/k/a MOSTAFA ZAGHLOL, a/k/a USAMA HOSNEY, a/k/a MUSTAFA ZAGHLOL, Defendant-Appellant

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION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.

PER CURIAM.

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:

POINT ONE
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.
POINT TWO
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.
POINT THREE
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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.