State v. Michelle Lodzinski (083398) (Middlesex County & Statewide)(Reconsideration) (A-50-19; 083398)
The judgment of the Appellate Division upholding defendant’s conviction is affirmed by an equally divided Court. Three members of the Court found the evidence sufficient and three members found the evidence insufficient to sustain the murder conviction. The six members of the Court who participated in this appeal unanimously modify the Appellate Division’s holding with respect to its characterization of the scope of the evidence that should be considered in reviewing a post-verdict motion for a judgment of acquittal as explained on pages 28-32 of Justice Patterson’s opinion. The Court also unanimously agrees with the Appellate Division that defendant was not entitled to a new trial because a juror substitution occurred, for the reasons set forth on pages 60-66 of Justice Patterson’s opinion.
