State of New Jersey, Plaintiff-Appellant v. Michael W. Banko, A/K/A Michael McCabe, Defendant-Respondent

Summary

The Supreme Court of New Jersey reversed the Appellate Division and reinstated the defendant's conviction for possession of a weapon for an unlawful purpose, holding that a jury may render inconsistent verdicts so long as sufficient evidence supports the conviction. The Court affirmed that the trial court's grant of a new trial was erroneous and that the jury instruction on unlawful purpose was proper. Justice Wallace, in a concurring opinion, agreed with the majority on the inconsistent‑verdict rule but criticized the trial court’s failure to fully address the jury’s question.