State of New Jersey v. Brian W. Samuels

1-31-07 (A-88-05)

The State submitted sufficient evidence from which a jury could conclude beyond a reasonable doubt that Samuels conspired to and did commit an armed robbery. Nonetheless, the convictions for conspiracy and armed robbery must be reversed and retried in view of the trial court’s failure to charge the lesser-included offense of attempted robbery and the court’s improper charge on the elements of conspiracy and accomplice liability.