Search Rutgers Law Library N.J. Court Opinions

16 STATE OF NEW JERSEY v. C.J.L. -- rank: 852

... inconsistent with the public policy underscoring PTI. See, e.g., N.J.S.A. 2C:43-12(a)(3) (stating PTI '[p]rovide[s] a mechanism for ... victimless' offenses'). Turning to the seventeen criteria set forth in N.J.S.A. 2C:43-12(e), the prosecutor found seven factors weighed against defendant's ... to PTI. The prosecutor cited the 'nature of the offense,' N.J.S.A. 2C:43-12(e)(1), and the 'facts of the case,' N.J.S.A. 2C:43-12(e)(2), noting '[d]efendant created two separate accounts to ... causes of criminal behavior can be controlled by proper treatment.' N.J.S.A. 2C:43-12(e)(5). In citing this factor, the prosecutor reiterated her ... cited the 'needs and interests of the victim and society,' N.J.S.A. 2C:43-12(e)(7), finding the 'strong need to punish . . . defendant' ...

docket:	a2055-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-05
status:	Unpublished
citation:
Document Size:	26181

17 STATE OF NEW JERSEY v. EBONY I. REED -- rank: 852

... and identified six of the seventeen factors set forth in N.J.S.A. 2C:43-12(e) that weighed against admission. The prosecutor noted that defendant ... did not explicitly analyze the remaining factors set forth in N.J.S.A. 2C:43-12(e). Nevertheless, the prosecutor explained that she had taken into ... The program is governed by statute and court rule. See N.J.S.A. 2C:43-12; R. 3:28. ' N.J.S.A. 2C:43-12(e) sets forth a list of seventeen nonexclusive factors that ... for prosecutors to consider the nature of the offense. See N.J.S.A. 2C:43-12(e)(1); R. 3:28-4(b)(1). 'If the ... prosecutor failed to assess all the factors set forth in N.J.S.A. 2C:43-12(e). In that regard, defendant asserts the prosecutor failed ...

docket:	a2249-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-15
status:	Unpublished
citation:
Document Size:	26928

18 STATE OF NEW JERSEY v. STEVEN RIZZITELLO -- rank: 847

... v. Watkins , 193 N.J. 507 , 523 (2008)). See also N.J.S.A. 2C:43-12(b); Pressler & Verniero, Current N.J. Court Rules , Guideline 3 ... defendant into PTI. After referring to the statutory factors in N.J.S.A. 2C:43-12(e), the PTI Director noted that the sanctions imposed by ... into PTI after considering and applying the statutory factors in N.J.S.A. 2C:43-12(e). The prosecutor submitted a letter-brief dated July 21 ... to the trial judge addressing the seventeen statutory factors in N.J.S.A. 2C:43-12(e). The matter returned for oral argument on September 23 ... treatment for his alcohol dependency as factors favoring admission under N.J.S.A. 2C:43-12(e)(3). The judge also found factor four, N.J.S.A. 2C:43-12(e)(4), relevant because it requires the prosecutor to ...

docket:	a0536-15
court:	NJ Superior Court Appellate Division
decided:	2016-09-20
status:	published
citation:	447 N.J.Super. 301 147 A.3d 480
Document Size:	41398

19 STATE OF NEW JERSEY v.. DIANE O'BRIEN -- rank: 847

... 1976). The program is governed by statute and court rule. N.J.S.A. 2C:43-12; R. 3:28. "Pretrial intervention is a discretionary program diverting ... 3) The person has not previously received supervisory treatment under . . . N.J.S. [ A. ] 2C:43-12, or the provisions of this chapter. PTI is governed by statute and court rule. N.J.S.A. 2C:43-12 to 2C:43-22; R. 3:28. N.J.S ... a defendant's eligibility for PTI, "the ineligibility provisions of N.J.S.A. 2C:43-12[g] prevail over those of [ Rule ] 3:28." State v ... program for those defendants who have previously been diverted under N.J.S.A. 2C:43-12 et seq. or conditionally discharged pursuant to N.J.S ... S.A. 2C:36A-1"); Cannel, supra , comment 2 on N.J.S.A. 2C:43-12 (2010) (stating "[s]ubsection g limits PTI to defendants ...

docket:	a4190-09
court:	NJ Superior Court Appellate Division
decided:	2011-02-10
status:	published
citation:	418 N.J. Super. 428 14 A.3d 56
Document Size:	44956

20 STATE OF NEW JERSEY v. CRAIG T. SOROKACH -- rank: 844

... recommendation by the program manager and acceptance by the prosecutor. N.J.S.A. 2C:43-12(e). Both the program manager and prosecutor 'shall consider' the ... are contained in Rule 3:28-1 to -10. Moreover, N.J.S.A. 2C:43-12(e) sets forth a list of seventeen nonexclusive factors that ... statement of reasons, listed each statutory factor as required by N.J.S.A. 2C:43- - 12(e), and explained why each factor worked in favor of ... the nature of the offense and facts of the case, N.J.S.A. 2C:43-12(e)(1)-(2); a lack of personal problems and character traits related to criminal activity, N.J.S.A. 2C:43-12(e)(5); a lack of likelihood defendant's crime is ... related to a condition conductive to change through supervisory programs, N.J.S.A. 2C:43-12(e)(6); the interests of the victim and society, ...

docket:	a2868-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-22
status:	Unpublished
citation:
Document Size:	27374

21 STATE OF NEW JERSEY v. SHEM C. JENKINS -- rank: 841

... rejecting defendant's application after considering the PTI admission factors, N.J.S.A. 2C:43-12(e)(1)-(17) and Rule 3:28. Considering factors one and two, the nature and facts of the offense, N.J.S.A. 2C:43-12(e)(1) and (2), and factor ten, the assaultive or violent nature of the crime, N.J.S.A. 2C:43-12(e)(10), the prosecutor determined PTI was not appropriate because ... multiple abrasions.' Regarding factor three, defendant's motivation and age, N.J.S.A. 2C:43- 12(e)(3), the prosecutor noted defendant minimized his involvement by ... not amenable to services available within the criminal justice system, N.J.S.A. 2C:43-12(e)(5), and six, whether the offense is addressable by supervisory treatment, N.J.S.A. 2C:43-12(e)(6), the prosecutor found defendant's newfound sobriety ' ...

docket:	a2367-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-28
status:	Unpublished
citation:
Document Size:	20699

22 State v. Davon M. Johnson -- rank: 831

... factors to be considered in addition to those enumerated in N.J.S.A. 2C:43-12(e). Of particular relevance here, Guideline 3(i) then provided ... s application for PTI, including the factors set forth in N.J.S.A. 2C:43-12(e), both presumptions were cited in the denial of his ... defendant’s application for PTI. She found five of the N.J.S.A. 2C:43-12(e) factors to be aggravating factors. In particular, the prosecutor found defendant presumptively ineligible for PTI under N.J.S.A. 2C:43-12(e)(1) based on the nature of the offense. She ... with organized crime; and the absence of other defendants. See N.J.S.A. 2C:43-12(e)(3), (9), (10), (13), and (16). Weighing the factors ... this case, the prosecutor carefully considered all relevant factors under N.J.S.A. 2C:43-12(e). III. A. “PTI is a ‘diversionary ...

docket:	a-58-17
court:	NJ Supreme Court
decided:	2019-05-30
status:
citation:	238 N.J. 119 207 A.3d 1277
Document Size:	38135

23 STATE OF NEW JERSEY v. AMIT NEHRA -- rank: 822

... applied for admission to the Pretrial Intervention Program (PTI). See N.J.S.A. 2C:43-12 and R. 3:28. The Criminal Case Manager recommended the ... PTI application, the prosecutor weighted significantly these factors, identified in N.J.S.A. 2C:43-12(e): the nature of the offense, N.J.S.A. 2C:43-12(e)(1); the facts of the case, N.J.S.A. 2C:43-12(e)(2); the needs and interests of the victim and society, N.J.S.A. 2C:43-12(e)(7); and the assaultive and violent nature of the offense, N.J.S.A. 2C:43-12(e)(10). The prosecutor also determined the value of ...

docket:	a3985-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-28
status:	unpublished
citation:
Document Size:	22558

24 STATE OF NEW JERSEY v. M.S -- rank: 820

... activities" that displayed "a pattern of anti-social behavior." See N.J.S.A. 2C:43-12(e)(8) (listing an applicant's participation in a supervisory ... statutory factors to be "consider[ed] in formulating the[] recommendation," N.J.S.A. 2C:43-12(e). The State's submission analyzed "[t]he nature of the offense," N.J.S.A. 2C:43-12(e)(1), and "[t]he facts of the case," N.J.S.A. 2C:43-12(e)(2), acknowledging defendant asserted he did not know the ... its discussion of "motivation and the age of the defendant," N.J.S.A. 2C:43-12(e)(3), the State noted defendant has a wife and ... be conducive to change through his participation in supervisory treatment[,]" N.J.S.A. 2C:43-12(e)(6), the State reiterated defendant had "a significant ...

docket:	a1459-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-20
status:	unpublished
citation:
Document Size:	34175

25 RSI Bank v. The Providence Mutual Fire Insurance Company -- rank: 817

... of society and the criminal justice system. The PTI statute, N.J.S.A. 2C:43-12 to -22, prescribes seventeen criteria for admission to PTI. See ... J. 336, 347 (2014). When it adopted the PTI statute, N.J.S.A. 2C:43-12 to -22, the Legislature declared it to be the State� ... criminal sanctions.” Bell, 217 N.J. at 347 (citing N.J.S.A. 2C:43-12(a)(1), (2)). Although “the goal of expeditious disposition ... responsiveness to rehabilitation and the nature of the offense.” N.J.S.A. 2C:43- 12(b)(1). The statute prescribes seventeen criteria for admission to PTI. See N.J.S.A. 2C:43-12(e). When Likakis applied for PTI, Rule 3:28 and ... is not a party to a PTI proceeding. See generally N.J.S.A. 2C:43-12, -13; R. 3:28. The PTI statute and court ...

docket:	a_68_16
court:	New Jersey Supreme Court
decided:	2018-08-07
status:
citation:
Document Size:	59965

26 STATE OF NEW JERSEY v. LORRAINE S. MORGAN -- rank: 817

... correction, responsiveness to rehabilitation and the nature of the offense.' N.J.S.A. 2C:43-12(b). 'Admission [into the PTI program] requires a positive recommendation ... PTI program directors must consider the factors set forth in N.J.S.A. 2C:43-12(e), Rule 3:28, and the accompanying Guidelines to that ... and every one of the seventeen factors set forth in N.J.S.A. 2C:43-12(e), Rule 3:28, and the accompanying Guidelines. Addressing the ... nature of the offense and the facts of the case, N.J.S.A. 2C:43-12(e)(1) and (2), the prosecutor noted that N.J.S.A. 2C:43-12(b)(2)(a) specifically provides that '[t]here shall be ... defendant's offense did not constitute a 'victimless' crime under N.J.S.A. 2C:43-12(e)(4) and (7). In this regard, N.J. ...

docket:	a1637-17
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-19
status:
citation:
Document Size:	43178

27 STATE OF NEW JERSEY, v. U.S.G. -- rank: 817

... application for entry into the Pre-trial Intervention Program (PTI). N.J.S.A. 2C:43- 12; R. 3:28.1 Defendant was alleged to have struck ... her evaluation of each of the criteria set forth in N.J.S.A. 2C:43-12(e) and the Rule 3:28 Guidelines. Defendant appealed and ... the procedures and guidelines established by Rule 3:28 and N.J.S.A. 2C:43-12, acceptance into PTI is dependent upon an initial recommendation by ... her arrest. It then identified the factors set forth in N.J.S.A. 2C:43-12(e) that the prosecutor found to be aggravating. Those factors ... In her consideration of the nature of the offense under N.J.S.A. 2C:43-12(e)(1), the prosecutor stated that, applying 'Guideline 3(i ... Rule 3:28, along with consideration of factors listed in N.J.S.A. 2C:43-12(e). These factors include 'the details of the case, ...

docket:	a0868-16
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	Unpublished
citation:
Document Size:	32882

28 STATE OF NEW JERSEY v. STEPHEN G. GROGAN -- rank: 814

... found '[t]he State . . . comprehensively analyzed all [seventeen] factors of N.J.S.A. 2C:43-12(e)'4 and 3 R. 3:28-1(d) provides ... society from channeling an offender into a supervisory treatment program. [N.J.S.A. 2C:43-12(e).] A-2038-21 9 nine, ten, eleven, fourteen] and ... assigned.' . . . The Court in Waters further notes that nothing in . . . N.J.S.A. 2C:43- 12 [to]-22, or the court rules provide[s] that a ... non- exhaustive list of seventeen statutory factors set forth in N.J.S.A. 2C:43-12(e), including '[t]he desire of the complainant or victim to forego prosecution,' N.J.S.A. 2C:43-12(e)(4), and '[t]he needs and interests of the victim and society,' N.J.S.A. 2C:43-12(e)(7). See also Rule 3:28-4. Thus, ...

docket:	a2038-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-22
status:	Unpublished
citation:
Document Size:	40618

29 STATE OF NEW JERSEY v. JAMES L. OTT -- rank: 814

... memorandum, the CCPO found the following factors set forth in N.J.S.A. 2C:43-12(e) warranted defendant's rejection: factor one, "[t]he nature ... prosecutors to consider a non-exclusive list of seventeen criteria. N.J.S.A. 2C:43-12(e). These criteria "include 'the details of the case, defendant ... 1) that defendant was then sixty-seven years of age, N.J.S.A. 2C:43-12(e)(3); (2) defendant's amenability to rehabilitation, as evidenced ... the time, effort and cost associated with grand jury presentment, N.J.S.A. 2C:43-12(e)(6); (3) the fact that the offense was not "part of a continuing pattern of anti-social behavior[,]" N.J.S.A. 2C:43-12(e)(8), nor "of an assaultive or violent nature[,]" N.J.S.A. 2C:43-12(e)(10); (4) defendant's complete lack of any ...

docket:	a4127-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-08
status:	unpublished
citation:
Document Size:	27558

30 STATE OF NEW JERSEY v. DOUGLAS J. HOGAN -- rank: 811

... her 'rejection relie[d] heavily' on certain factors listed in N.J.S.A. 2C:43-12(e): (1) '[t]he nature of the offense'; (2) '[t ... defendant's 'amenability to correction' and potential 'responsiveness to rehabilitation,' N.J.S.A. 2C:43-12(b); see also State v. Watkins, 193 N.J. 507 ... required to consider the seventeen non-exclusive factors listed in N.J.S.A. 2C:43- 12(e). State v. Lee, 437 N.J. Super. 555, 562 ... was 'part of a continuing pattern of anti-social behavior,' N.J.S.A. 2C:43-12(e)(8). K.S., 220 N.J. at 196, 200 ... the prosecutor for failing to consider other factors enumerated in N.J.S.A. 2C:43-12(e), such as defendant's non-involvement with organized crime, N.J.S.A. 2C:43-12(e)(13), and his lack of a co-defendant, ...

docket:	a4543-19
court:	NJ Superior Court Appellate Division
decided:	2022-04-29
status:	Unpublished
citation:
Document Size:	40745