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State v. Zakhari

Superior Court of New Jersey, Appellate Division

October 22, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
AMGAD ZAKHARI, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 7, 2013

On appeal from Superior Court of New Jersey, Law Division, Bergen County, Indictment No. 09-10-2009.

Joseph E. Krakora, Public Defender, attorney for appellant (Michele A. Adubato, Designated Counsel, on the brief).

Joseph L. Molinelli, Bergen County Prosecutor, attorney for respondent (Elizabeth R. Rebein, Assistant Prosecutor, of counsel and on the brief).

Before Judges Kennedy and Guadagno.

PER CURIAM

Defendant was convicted following a bench trial of fourth-degree stalking under N.J.S.A. 2C:12-10b, and sentenced to two years of probation with random drug and alcohol testing, anger management counseling, and other conditions. The appropriate fees and penalties were also assessed. Defendant now appeals and raises the following arguments:

I. THE WARRANTLESS SEARCH AND SEIZURE OF THE MERCEDES BENZ AUTOMOBILE BY THE POLICE VIOLATED THE UNITED STATES AND NEW JERSEY CONSTITUTIONS (Not Raised Below).
II. ADMISSION OF EVIDENCE THAT DEFENDANT WAS FOUND GUILTY IN MUNICIPAL COURT WAS ERROR.
III.THE ELICITATION OF INADMISSIBLE, IMPROPER AND PREJUDICIAL EVIDENCE BY THE PROSECUTOR CONSTITUTED MISCONDUCT WHICH DEPRIVED THE DEFENDANT OF A FAIR TRIAL.
IV. THERE WAS INSUFFICIENT CREDIBLE EVIDENCE TO PROVE DEFENDANT GUILTY OF STALKING BEYOND A REASONABLE DOUBT.

We have considered these arguments in light of the record and ...


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