NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2309-18 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MAURICE L. TREAKLE, a/k/a LAWRENCE WELCH, JAMES MAYS, MAURICE SMITH, MAURICE TREAKLE, M. LINWOOD TREAKLE, and HAKIM, Defendant-Appellant. ___________________________ Argued March 3, 2021 – Decided July 23, 2021 Before Judges Ostrer and Enright. On appeal from the Superior Court of New Jersey, Law Division, Atlantic County, Indictment No. 17-11-2379. Simone M. Silva-Arrindell, Designated Counsel, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney; Simone M. Silva-Arrindell, on the briefs). Nicole Lynn Campellone, Assistant Prosecutor, argued the cause for respondent (Damon G. Tyner, Atlantic County Prosecutor, attorney; Nicole Lynn Campellone, of counsel and on the brief). PER CURIAM A jury convicted defendant Maurice Treakle of first-degree robbery, N.J.S.A. 2C:15-1(a)(1); third-degree possession of a knife for an unlawful purpose, N.J.S.A. 2C:39-4(d); and fourth-degree unlawful possession of a knife, N.J.S.A. 2C:39-5(d). Treakle appeals, contending primarily that the trial court committed plain error by omitting an identification charge and by delivering a flawed accomplice-liability charge. We disagree and affirm. I. Defendant's convictions stem from a violent mugging in Atlantic City. Late one afternoon, two men robbed Christopher Shirazi at knifepoint, seizing Shirazi's cellphone and over three hundred dollars. The State contends that defendant was one of the robbers. When police confronted him mere moments after the robbery, he possessed Shirazi's cellphone and had just discarded a knife. At trial, Shirazi testified that on August 26, 2017, he had just completed "a gambling binge" and was walking with "a beautiful girl" when "two guys . . . A-2309-18 2 jump[ed]" him.1 One of them placed a hand on Shirazi's throat and menaced him with a black-handled "simple pocket" knife. Terror-stricken, Shirazi gave them his cellphone and $326. When he testified at trial, Shirazi was not altogether clear about which robber took which item. At one point, he agreed that one robber took the money and the other took the cellphone. But he later said that because he was "watching the knife," he "didn't know who took" either item. In any case, after Shirazi relinquished his property, the knife-wielding robber "clocked" Shirazi in the face, knocking him down. He fell on his hip, his glasses fell to the side, and blood poured down his face. He shut his eyes (at least partially), pretending to be unconscious. He recalled that about two minutes passed. Meanwhile, one of the robbers removed Shirazi's belt and patted his rear, evidently to see if he hid other valuables there. At some point, Shirazi stealthily looked for (and found) his glasses. When Shirazi got up from the ground, "[b]oth men were there." Shirazi raced from the scene and yelled for help. 1 Shirazi's testimony …
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