State v. Banko

In the matter before us, defendant was acquitted of kidnapping, attempted aggravated sexual assault, and aggravated assault *46(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 were inconsistent, but concluded that defendant was entitled to entry of a judgment of acquittal, not a grant of a new trial. R. 3:18-2.

We granted the State’s petition for…