Supreme Court of New Jersey
State of New Jersey, Plaintiff-Respondent v. Brian W. Samuels, Defendant-Appellant
January 31, 2007189 N.J. 236
Summary
The Supreme Court of New Jersey reversed the Appellate Division's affirmance of Brian W. Samuels' convictions for conspiracy to commit armed robbery and armed robbery, remanding for a new trial with proper jury instructions, including a lesser‑included offense instruction for attempted robbery. The Court held that the evidence, when viewed in the light most favorable to the State, was insufficient to prove a conspiratorial agreement and that the trial judge's instructions on vicarious liability were legally erroneous. Justice Albin dissented, arguing that the evidence was insufficient and that a retrial would violate double jeopardy.