An appeals court in 2014 found Acoli was wrongly denied parole and ordered his release, but the state Parole Board and the Attorney General's Office petitioned the state's highest court, asking them to throw out the ruling.
Their 4-1 decision means Acoli will have to appear before the Parole Board for a full hearing before he is eligible for release,
NJ.com
reports.
Acoli, then known as Clark Edward Squire, was convicted of the murder of Foerster alongside Joanne Chesimard, also known as Assata Shakur, who later escaped prison and fled to Cuba, where she remains New Jersey's most wanted fugitive.
Court documents show that Acoli's gun went off while he struggled with Foerster after another trooper pulled over a white Pontiac containing Chesimard, Acoli, and James Costan in the early hours of May 2, 1973.
Chesimard then shot and wounded the other trooper, James Harper, before executing Foerster with his own gun. Costan, also known as Zayd Malik Shakur, was shot and killed at the scene.