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.