State v. Michael Ross, II (072042)

Judge CUFF (temporarily assigned),

dissenting.

The majority holds that the trial judge properly issued a jury instruction consistent with State v. Czachor, 82 N.J. 392, 413 A.2d 593 (1980), when the jury reported it was deadlocked, and properly substituted an alternate juror following the Czachor instruction after a deliberating juror fell ill and was unable to continue. Ante at 136, 93 A.3d at 742. In doing so, the majority also overrules State v. Banks, 395 N.J.Super. 205, 928 A.2d 842 (App.Div.), certif. denied, 192 N.J. 598, 934 A.2d 639 (2007), “to the extent that it held that it generally…