State of New Jersey, Plaintiff-Respondent v. Brian W. Samuels, Defendant-Appellant

Summary

The Supreme Court of New Jersey reversed the Appellate Division's affirmations of Brian W. Samuels' convictions for conspiracy to commit armed robbery and for armed robbery, and remanded for a new trial on those counts. The Court held that the circumstantial evidence was sufficient to support a jury finding of a conspiratorial agreement and that the trial judge's erroneous vicarious liability instruction required reversal. The Court noted that the failure to give a lesser‑included offense instruction on attempted robbery was error but not fatal to the convictions. Justice Albin dissented, arguing that the evidence did not support any robbery convictions and that retrial violated double jeopardy.