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166 STATE OF NEW JERSEY v. MICHAEL A. WYTANIS, JR -- rank: 610

... Rule 3:28, along with consideration of factors listed in N.J.S.A. 2C:43-12(e).' Ibid. Absent evidence to the contrary, a reviewing court ... State v. Dalglish, 86 N.J. 503, 509 (1981). Additionally, N.J.S.A. 2C:43-12(g)(1) limits PTI eligibility for those having previously received ... challenge the denial of PTI on the basis of the N.J.S.A. 2C:43-12(e) factors. Instead, he argues the sentencing judge erred holding ...

docket:	a4474-16
court:	NJ Superior Court Appellate Division
decided:	2018-10-31
status:	Unpublished
citation:
Document Size:	22221

167 State of New Jersey v. Charles A. Watkins III -- rank: 610

... as part of the revised Code of Criminal Justice. See N.J.S.A. 2C:43-12 to -22. Thus, for nearly three decades, PTI has been ...

docket:	a-118-06
court:
decided:	2008-02-21
status:
citation:	193 N.J. 507
Document Size:	79052

168 STATE OF NEW JERSEY v. RAFAEL LOPEZ -- rank: 610

... apply for admission to the Pre-trial Intervention Program (PTI), N.J.S.A. 2C:43-12 to -22; R. 3:28. On September 30, 2005, the ... App. Div. 1999). Under the terms of the applicable statute, N.J.S.A. 2C:43-12, under our court rule, R. 3:28 and its guidelines ...

docket:	A0637-05
court:	NJ Superior Court Appellate Division
decided:	2007-02-22
status:	unpublished
citation:
Document Size:	48910

169 STATE OF NEW JERSEY v. ANTHONY W. HOBOR, III -- rank: 610

... Admission to PTI is authorized by statute and court rule. N.J.S.A. 2C:43-12 to -22; R. 3:28; see Wallace , supra , 146 N ... the weight the prosecutor gave to the relevant factors. But N.J.S.A. 2C:43-12 and Rule 3:28 leave the responsibility for valuing the ...

docket:	a0208-08
court:	NJ Superior Court Appellate Division
decided:	2009-07-06
status:	unpublished
citation:
Document Size:	42542

170 STATE OF NEW JERSEY v. DAVONNE HORTON -- rank: 610

... at the plea hearing. Admission to PTI is governed by N.J.S.A. 2C:43-12(e), which sets forth seventeen factors the prosecutor should consider ... the crime charged "is of an assaultive or violent nature[.]" N.J.S.A. 2C:43-12(e)(1), (2), and (10). Admission to PTI is also ... 3 requires the prosecutor to consider the statutory criteria in N.J.S.A. 2C:43-12(e) and other relevant circumstances, including the nature of the ...

docket:	a4462-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-06
status:	unpublished
citation:
Document Size:	21320

171 STATEOF NEW JERSEY v. CARTER ROBERTS -- rank: 610

... or situation conducive to change through participation in supervisory treatment. N.J.S.A. 2C:43-12(e)(6). Because that factor is critical to judging a defendant's amenability to correction and responsiveness to rehabilitation, N.J.S.A. 2C:43-12(b)(1), we deem a remand to the prosecutor appropriate ... three-page letter referencing each of the seventeen criteria of N.J.S.A. 2C:43-12(e), an assistant prosecutor concluded those factors taken as a ... a defendant's amenability to correction and responsiveness to rehabilitation, N.J.S.A. 2C:43-12(b)(1), we deem a remand to the prosecutor to ...

docket:	a2648-16
court:	NJ Superior Court Appellate Division
decided:	2018-02-21
status:	unpublished
citation:
Document Size:	71194

172 STATE OF NEW JERSEY v. JASON W. WIMMER -- rank: 607

... ruling de novo. III. The PTI program is governed by N.J.S.A. 2C:43-12 to -22, Rule 3:28, and the Guidelines for Operation ... Court Rules (2016). Guideline 3 to Rule 3:28, and N.J.S.A. 2C:43-12(e), contain relevant factors to be considered by the prosecutor ... of the offense, and (2) the facts of the case. N.J.S.A. 2C:43-12(e)(1), (2). The prosecutor noted that defendant was in ... In doing so, the prosecutor cited two other criteria from N.J.S.A. 2C:43-12(e): whether the crime is of such nature that the ... to society from channeling an offender into a supervisory program. N.J.S.A. 2C:43-12(e)(14), (17). In light of these circumstances, the trial ...

docket:	a0774-14
court:	NJ Superior Court Appellate Division
decided:	2013-10-07
status:	unpublished
citation:
Document Size:	25682

173 STATE OF NEW JERSEY v. JULIO R. RUIZ-VIDAL -- rank: 607

... s request to consent to his admission into PTI. See N.J.S.A. 2C:43-12 to -22; R. 3:28. To support his claim, defendant ... applications for admission to the program, are set forth in N.J.S.A. 2C:43-12 to - 22 and, Rule 3:28 and the PTI Guidelines ...

docket:	a4708-18
court:	NJ Superior Court Appellate Division
decided:	2021-01-22
status:	Unpublished
citation:
Document Size:	29077

174 A-0STATE OF NEW JERSEY v. MARTHA S. GONZALEZ -- rank: 607

... not a suitable candidate for PTI. The application is denied. [ N.J.S.A. 2C:43-12(e)(1),(2),(7),(14)] requires consideration of the nature ... treatment would be outweighed by the public need for prosecution. [ N.J.S.A. 2C:43-12(e)(17)] further demands consideration of whether or not the ... society by channeling an offender into a supervisory treatment program. [ N.J.S.A. 2C:43-12(e)(6),(8)] further requires consideration of the likelihood that ... court went on to review other factors set forth in N.J.S.A. 2C:43-12(e). 2 The erroneous assumption defendant was charged with a ... 225. The prosecutor must evaluate the criteria set forth in N.J.S.A. 2C:43-12(e) and Rule 3:28, and the accompanying Guidelines for ... State v. Watkins , 193 N.J. 507 , 520 (2008) (quoting N.J.S.A. 2C:43-12(b); see also State v. Mosner , 407 N.J. ...

docket:	a4068-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-27
status:	unpublished
citation:
Document Size:	24924

175 /usr/local/share/www/libweb/collections/courts/appellate/a1314-16.opn.html -- rank: 607

... which he applied each of the factors set forth in N.J.S.A. 2C:43-12(e) and Rule 3:28 to determine whether defendant would ... as the procedures concerning the program, are set forth in N.J.S.A. 2C:43-12 to -22 and Rule 3:28. 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). Our review of a prosecutor's decision to deny ... assistant prosecutor evaluated each of the factors set forth in N.J.S.A. 2C:43-12(e) and Rule 3:28 before denying defendant's PTI ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	18121

176 STATE OF NEW JERSEY v. ROBERT HERD -- rank: 604

... the seventeen criteria identified in 4 A-3036-16T 1 N.J.S.A. 2C:43-12(e). We quote from the rejection letter at length: Subsections ... case. These factors taken as a whole, and especially subsections N.J.S.A. 2C:43-12(e)1, 2, 7, 8, 14, and 17, strongly weigh ... 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 ...

docket:	a3036-16
court:	NJ Superior Court Appellate Division
decided:	2017-11-27
status:	unpublished
citation:
Document Size:	53288

177 STATE OF NEW JERSEY v. HANIYYAH ALI -- rank: 604

... the crime was of an assaultive or violent nature), see N.J.S.A. 2C:43-12(e)(1), (2), (10), she concluded that the violent and ... also relied on the victim's opposition, citing factor 4, N.J.S.A. 2C:43-12(e)(4). [T]he victim is opposed to the diversion ... society from not prosecuting outweigh the benefits of diversion), see N.J.S.A. 2C:43-12(e)(14), (17), the prosecutor acknowledged, but found unavailing, defendant ... address each of the seventeen statutory criteria for participation. See N.J.S.A. 2C:43-12(e)(1)-(17). A reviewing court shall "presume that a ... the victim are relevant to the prosecutor's decision. See N.J.S.A. 2C:43-12(e)(4); see also N.J. Const. , art. I, para ...

docket:	a4059-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-21
status:	unpublished
citation:
Document Size:	34994

178 STATE OF NEW JERSEY v. DAVID R. HARY -- rank: 604

... s application for entry into the Pretrial Intervention Program (PTI). N.J.S.A. 2C:43-12; R. 3:28.1 Defendant was previously charged in an ... based upon an evaluation 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 ... The prosecutor next addressed the statutory considerations set forth in N.J.S.A. 2C:43-12(e). In support of her objection, the prosecutor relied upon ... 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, defendant ...

docket:	a0599-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-04
status:	Unpublished
citation:
Document Size:	20887

179 DONNA CONKLIN v. JORGE PINILLOS -- rank: 604

... plea" in the criminal action instituted by plaintiff. We agree. N.J.S.A. 2C:43-12 and -13, governing PTI, do not require a guilty plea ...

docket:	a5439-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-28
status:	unpublished
citation:
Document Size:	28212

180 STATE OF NEW JERSEY v. VIJAY CHAUHAN -- rank: 602

... explained that upon consideration of the relevant factors enumerated in N.J.S.A. 2C:43-12(e), in line with Rule 3:28, several factors militated ... 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." In finding ...

docket:	a2583-12
court:	New Jersey Superior Court Appellate Division
decided:	2013-07-03
status:	Published
citation:
Document Size:	15323