Supreme Court of New Jersey
State of New Jersey, Plaintiff-Appellant v. Naseem Abdul Muhammad, Defendant-Respondent
March 15, 2005182 N.J. 551
Summary
The Supreme Court of New Jersey reversed the defendant's conviction for criminal sexual contact because the prosecutor improperly used the defendant's silence at police headquarters, violating the state's privilege against self‑incrimination, and held that the trial court's instruction on the lesser‑included offense was supported by the evidence. The Court also affirmed that inconsistent jury verdicts do not require dismissal and remanded for a new trial on the sexual contact charge. Justice RIVERA‑SOTO, concurring, agreed with the result but argued the majority over‑broadly applied the silence rule to the defendant's statements to the desk sergeant.