STATE v. BANKO


861 A.2d 110 (2004)

182 N.J. 44

STATE of New Jersey, Plaintiff-Appellant, v. Michael W. BANKO, a/k/a Michael McCabe, Defendant-Respondent.

Supreme Court of New Jersey.

Decided December 1, 2004.


Attorney(s) appearing for the Case

John J. Scaliti, Assistant Prosecutor, argued the cause for appellant (John L. Molinelli, Bergen County Prosecutor, attorney).

Donald Horowitz argued the cause for respondent (Mr. Horowitz, attorney; Mr. Horowitz, Kelly Berton Rocco and Jill Horowitz, on the briefs).


Justice LaVECCHIA delivered the opinion of the Court.

In the matter before us, defendant was acquitted of kidnapping, attempted aggravated sexual assault, and aggravated assault pointing a firearm), and convicted of second-degree possession of a weapon for an unlawful purpose. The trial court vacated the weapons possession conviction and ordered a new trial based on a perceived inconsistency in the jury verdicts. The Appellate Division also held that the verdicts...

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