State of New Jersey, Plaintiff-Appellant v. Naseem Abdul Muhammad, Defendant-Respondent

Summary

The Supreme Court of New Jersey held that the prosecutor’s use of the defendant’s silence at or near the time of his arrest violated the state privilege against self‑incrimination, reversing the conviction, and affirmed that the trial court’s instruction on the lesser‑included offense of criminal sexual contact was proper, vacating the appellate court’s judgment of acquittal and remanding for a new trial. Justice Rivera‑Soto concurred in the result but argued the majority’s application of the silence rule to the defendant’s statements to the desk sergeant was overbroad.