Supreme Court of New Jersey

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

December 1, 2004182 N.J. 44

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 evidential support exists for the conviction. The Court affirmed that the inconsistency between the weapon possession conviction and the acquittals on related substantive offenses does not require reversal. A concurring opinion agreed with the majority's analysis but cautioned that the trial court should have more fully responded to the jury's question about the unlawful purpose element.