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STATE v. NEAL

826 A.2d 723 (2003)

361 N.J. Super. 522

STATE of New Jersey, Plaintiff-Respondent, v. Renard NEAL, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 16, 2003.

Attorney(s) appearing for the Case

Stephen W. Kirsch, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney; Mr. Kirsch, of counsel and on the brief).

Edward G. Washburne, Monmouth County Assistant Prosecutor, argued the cause for respondent (John Kaye, Monmouth County Prosecutor, attorney; Mark P. Stalford, Assistant Prosecutor, of counsel and on the brief).

Before Judges CONLEY, CARCHMAN and PARRILLO.

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

Following a jury trial, defendant was convicted of third-degree perjury, N.J.S.A. 2C:28-1. A two-year probationary term with a requirement of 100 hours of community service was imposed along with fines and penalties.

On appeal, defendant contends:

POINT I THE STATE'S CASE WAS INSUFFICIENT TO PROVE MATERIALITY; ALTERNATIVELY, THE MEAGER EVIDENCE OF MATERIALITY, IF ANY, WAS BLATANTLY INADMISSIBLE...

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