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STATE v. PETROZELLI

796 A.2d 927 (2002)

351 N.J. Super. 14

STATE of New Jersey, Plaintiff-Respondent, v. Gerald PETROZELLI, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided May 14, 2002.

Attorney(s) appearing for the Case

Alan L. Zegas, Chatham, argued the cause for appellant (Mr. Zegas, attorney and on the brief; Sharon Bittner Kean, on the brief).

Frank Muroski, Deputy Attorney General, argued the cause for respondent (David Samson, Attorney General, attorney; Mr. Muroski, of counsel and on the brief).

Before Judges BAIME, FALL and AXELRAD.

The opinion of the court was delivered by BAIME, P.J.A.D.

Defendant appeals from a conviction for second degree theft by failure to make required disposition of property (N.J.S.A. 2C:20-9), and from the denial of his motion for a new trial. He asserts: (1) prejudicial evidence concerning his incarceration was improperly admitted, (2) the prosecutor exceeded the bounds of fair comment in his summation, (3) the trial court committed plain error in its instructions...

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