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VOL. 3, NO. 7 DECISIONS RELEASED JANUARY 11, 1995 LAND USE 26-2-4704 Ira Newdow, et al. v. William Sposa, et al., App. Div. (11 pp.) Planning board properly did not give homeowners a certificate of occupancy, since based upon substantial evidence the board concluded that the house did not conform to the approved plans. CRIMINAL LAW AND PROCEDURE 14-2-4705 State v. Mark Pritchett, App. Div. (28 pp.) Where defendant, who was convicted of second-degree conspiracy to commit murder, claimed that the trial judge while instructing the jury on attempt failed to advise the jury that in order to constitute a substantial step, the conduct must be “strongly corroborative of the actor’s criminal purpose”–even though defendant’s suggestion would have been appropriate–its omission did not constitute plain error. 14-2-4706 State v. Alsamad Ali Sawab, App. Div. (21 pp.) Where defendant, who was convicted of second-degree conspiracy to commit murder, claimed that the entire jury panel should have been disqualified because, before being sworn in, one juror had talked with a potential witness and another juror overheard the conversation, trial court properly dismissed only the two jurors, since “the jurors actually empaneled need not be entirely ignorant” of the case facts.

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