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121 STATE OF NEW JERSEY v. NICHOLAS GONZALEZ -- rank: 659

... intervention programs are set forth in Rule 3:28 and N.J.S.A. 2C:43-12. The guidelines following Rule 3:28 in Pressler & Verniero, Current N.J. Court Rules (the Guidelines) and N.J.S.A. 2C:43-12(a) establish criteria a prosecutor is required to consider when evaluating a PTI application. See Guideline 3; N.J.S.A. 2C:43-12(e). Significantly, "[e]ligibility for PTI is broad enough to ... be entitled to full and fair consideration of his application." N.J.S.A. 2C:43-12(f). Our review of a prosecutor's decision to deny ... applicant will receive "full and fair consideration of his application." N.J.S.A. 2C:43-12(f). In view of our disposition of this appeal, we ... victim's position on whether the defendant should be admitted." N.J.S.A. 2C:43-12(e). On remand, this mandate should be evaluated explicitly. ...

docket:	a0524-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-29
status:	unpublished
citation:
Document Size:	29345

122 STATE OF NEW JERSEY v. HUGO F. RIVERA -- rank: 659

... to the victim and defendant's driving record pursuant to N.J.S.A. 2C:43-12(e). Defendant's driving record was significant because there was ... it might indicate a "continuing pattern of anti-social behavior," N.J.S.A. 2C:43-12(e)(8), that could justify denial of his PTI application ... enrollment and to re-evaluate all seventeen factors listed in N.J.S.A. 2C:43-12(e), as well as any other factors favoring defendant's ...

docket:	a4746-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-07
status:	unpublished
citation:
Document Size:	17146

123 JENNIFER WINSTOCK v. AMATO GALASSO, ESQ -- rank: 659

... consenting to her admission into the Pretrial Intervention Program (PTI), N.J.S.A. 2C:43-12, as part of a global plea agreement involving all those ...

docket:	a2715-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-06
status:	published
citation:	430 N.J.Super. 391 64 A.3d 1012
Document Size:	91016

124 STATE OF NEW JERSEY v. DEXTER FIGUEIREDO -- rank: 656

... defendant from PTI. As a threshold matter, we note that N.J.S.A. 2C:43-12(e) contains seventeen criteria to guide the prosecutor's evaluation ... candidate for PTI. Without identifying any statutory factors contained in N.J.S.A. 2C:43-12(e) that the prosecutor overlooked or misapplied, the judge overturned ...

docket:	a3303-10
court:	NJ Superior Court Appellate Division
decided:	2012-02-09
status:	unpublished
citation:
Document Size:	25145

125 /usr/local/share/www/libweb/collections/courts/appellate/a4846-17.opn.html -- rank: 656

... quoting State v. Nwobu, 139 N.J. 236, 240 (1995)). N.J.S.A. 2C:43-12 to -22, Rule 3:28, and the Guidelines for Operation ... 3:28 provides the administrative framework for the program,' and ' N.J.S.A. 2C:43-12(e) lists seventeen non-exclusive factors to be considered by ... by the pre- revision version of the rule and Guidelines. N.J.S.A. 2C:43-12 to -22 remains unchanged. A-4846-17T1 4 generally be ... criminal prosecution . . . outweigh[ed]' any societal benefits from allowing PTI. N.J.S.A. 2C:43-12(e)(1), (2), (3), (7), (9), (10), (14), (17). Defendant ... was 'severely injured.' This was anything but a 'victimless' crime. N.J.S.A. 2C:43-12(a)(3). Thus, denying defendant admission does not subvert the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	19471

126 STATE OF NEW JERSEY v. ANTHONY HESTER, -- rank: 653

... intervention program was codified in the Code of Criminal Justice, N.J.S.A. 2C:43-12 and 13. See State v. Dalglish , 86 N.J. 503 ...

docket:	a6316-01
court:	njappellate
decided:	2003-02-13
status:	published
citation:	357 N.J. Super. 428
Document Size:	33097

127 STATE OF NEW JERSEY v. AFAMEFUNA NWANDU -- rank: 653

... correction, responsiveness to rehabilitation[,] and the nature of the offense.' N.J.S.A. 2C:43-12(b)(1). Admission into PTI 'requires a positive recommendation from ... 1979)). This determination must consider the factors set forth in N.J.S.A. 2C:43-12(e). Roseman, 221 N.J. at 621. Our scope of ... error here. The prosecutor properly considered the factors provided in N.J.S.A. 2C:43-12(e) in rejecting defendant's PTI application. The prosecutor considered ... prosecution, and whether the harm outweighs the benefits to society. N.J.S.A. 2C:43-12(e)(1), (2), (7), (8), (9), (14), (17). The prosecutor ... the prosecutor and trial judge considered the factors enumerated in N.J.S.A. 2C:43-12(e) and concluded the A-0378-20 7 aggravating factors ... constitutes part of a continuing pattern of anti-social behavior,' N.J.S.A. 2C:43-12(e)(8), and '[t]he applicant's record of ...

docket:	a0378-20
court:	NJ Superior Court Appellate Division
decided:	2022-03-08
status:	Unpublished
citation:
Document Size:	17818

128 STATE OF NEW JERSEY v. LAQIESHA R. COOKE -- rank: 651

... for diversion of eligible defendants from criminal prosecution and conviction. N.J.S.A. 2C:43-12 to -22; R. 3:28. It entails a period of ... The PTI program is ordinarily intended for first-time offenders. N.J.S.A. 2C:43-12(a). Admission requires a favorable recommendation from the PTI director and the consent of the prosecutor. N.J.S.A. 2C:43-12(e); State v. Nwobu , 139 N.J. 236 , 246 (1995 ...

docket:	a4239-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-06
status:	unpublished
citation:
Document Size:	18807

129 STATE OF NEW JERSEY v. ALFRED W. COURSEY, III -- rank: 648

... fourth-degree possession of marijuana with intent to distribute. See N.J.S.A. 2C:43-12(a); State v. Roseman , 221 N.J. 611, 621-22 ... may be an important factor in a PTI application. See N.J.S.A. 2C:43-12(a)(1). To avoid a miscarriage of justice, we direct ...

docket:	a1415-14
court:	NJ Superior Court Appellate Division
decided:	2016-06-06
status:	published
citation:	445 N.J.Super. 506 139 A.3d 124
Document Size:	34801

130 State v. June Gorthy -- rank: 645

... was admitted into the pretrial intervention program (PTI), pursuant to N.J.S.A. 2C:43-12 and Rule 3:28, with two conditions: that she refrain ...

docket:	A-51-14
court:	NJ Supreme Court
decided:	2016-09-28
status:
citation:	226 N.J. 516 145 A.3d 146
Document Size:	110695

131 STATE OF NEW JERSEY v. ANNA PADVA-GERMAN -- rank: 643

... consideration shall be given to the criteria set forth in N.J.S.A. 2C:43-12(e)," which include "the nature of the offense." Pressler & Verniero ... considered but does not necessarily entitle her to PTI. See N.J.S.A. 2C:43-12(e); State v. Imbriani , 291 N.J. Super. 171 , 182 ...

docket:	a1761-12
court:	NJ Superior Court Appellate Division
decided:	2013-05-30
status:	unpublished
citation:
Document Size:	33542

132 STATE OF NEW JERSEY v. PAUL DOUGHERTY -- rank: 643

... 18T3 5 the case to the seventeen statutory factors in N.J.S.A. 2C:43-12(e). The DAG argued that factors (1), the nature of ... July 2018. Against these facts, the State argued that factor N.J.S.A. 2C:43-12(e)(3), defendant's motivation and age, supported its position ... public confidence in elected officials. The State conceded that factors N.J.S.A. 2C:43-12(e)(8) through (13) were not relevant to this case ... into PTI. He also reviewed the relevant statutory factors in N.J.S.A. 2C:43-12(e) as well as the Supreme Court's decision in ... the State duly considered all of the relevant factors under N.J.S.A. 2C:43-12(e). On February 19, 2019, the trial court sentenced defendant ...

docket:	a3079-18
court:	NJ Superior Court Appellate Division
decided:	2021-01-15
status:	Unpublished
citation:
Document Size:	22929

133 STATE OF NEW JERSEY v. FEDERICO ENSASTEGUI-DIAZ -- rank: 643

... which she applied each of the factors set forth in N.J.S.A. 2C:43-12(e) to determine whether defendant should be admitted to the ... as the procedures concerning the program, are set forth in N.J.S.A. 2C:43-12 to -22 and Rule 3:28-1 to -10. N.J.S.A. 2C:43-12(e) includes seventeen criteria which, among other factors, prosecutors and ... application is based and the reasons offered for the denial.' N.J.S.A. 2C:43-12(f). 'PTI is essentially an extension of the [prosecutor's ... assistant prosecutor evaluated each of the factors set forth in N.J.S.A. 2C:43-12(e) and Rule 3:28-1 to -10 before denying ...

docket:	a1351-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-06
status:	Unpublished
citation:
Document Size:	20458

134 STATE OF NEW JERSEY v. AMY G. SCHULTZ -- rank: 640

... admitted into the Pre-Trial Intervention (PTI) program, pursuant to N.J.S.A. 2C:43-12 to -13. She now appeals the termination of her participation ... correction, responsiveness to rehabilitation and the nature of the offense." N.J.S.A. 2C:43-12(b). While the "nature" of defendant's offenses may have ...

docket:	a0080-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-22
status:	unpublished
citation:
Document Size:	20268

135 STATE OF NEW JERSEY v. TERRENCE A. JACKSON -- rank: 640

... the prosecutor rejected defendant from PTI, citing three reasons: 1. [ N.J.S.A. ] 2C:43-12(e)(2). The facts of the case. The facts . . . show ... violence then the defendant's application should be rejected. 2. [ N.J.S.A. ] 2C:43-12(e)(4). The desire of the complainant or victim to ... back was fused together after a four hour procedure. . . . 3. [ N.J.S.A. ] 2C:43-12(e)(10). Whether or not the crime is of an ... prosecutor's consideration of a defendant's PTI application, including: N.J.S.A. 2C:43-12(e)(2), "[t]he facts of the case"; N.J.S.A. 2C:43-12(e)(4), "[t]he desire of the complainant or victim to forego prosecution"; and N.J.S.A. 2C:43-12(e)(10), "[w]hether or not the crime is ...

docket:	a5815-08
court:	NJ Superior Court Appellate Division
decided:	2010-10-29
status:
citation:
Document Size:	25788