State of New Jersey, Plaintiff-Appellant v. Michael Ross II, Defendant-Respondent

Summary

The New Jersey Supreme Court reversed the Appellate Division, holding that the trial judge properly gave a Czachor instruction after the jury reported a deadlock and correctly substituted an alternate juror for an ill juror, so no plain error occurred. The Court overruled Banks to the extent it barred such substitution. Justice CUFF dissented, arguing the substitution violated the integrity of deliberations and should be affirmed.