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76 STATE OF NEW JERSEY v. KEVIN MCGUIRE -- rank: 713

... unreasonable, and an abuse of discretion. We do not agree. N.J.S.A. 2C:43-12(e) provides that, after the filing of a criminal complaint ... the director and prosecutor are required to consider certain criteria. N.J.S.A. 2C:43-12(e)(1) to (17). In addition, N.J.S.A ... treatment. Rule 3:28 authorizes PTI programs in accordance with N.J.S.A. 2C:43-12 and -13, and sets forth the process whereby criminal defendants ... for PTI admission. Guideline 3 incorporates the statutory criteria in N.J.S.A. 2C:43-12(e). Guideline 3(i) provides that any defendant charged with ...

docket:	a5138-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-22
status:	unpublished
citation:
Document Size:	35843

77 STATE OF NEW JERSEY v. ROBERT NAHM -- rank: 713

... to society from channeling an offender into a supervisory program). N.J.S.A. 2C:43-12 (e) (1), (2), (17). The letter references defendant's prior ... PTI Program. Having considered all statutory factors set forth in N.J.S.A. 2C:43-12 in their totality, the Gloucester County Prosecutor opposes this application ... not carry a presumption against admission into PTI under either N.J.S.A. 2C:43-12(b) or Guideline 3(i) to Rule 3:28. State ... of the court's authority." Ibid. As statutorily established in N.J.S.A. 2C:43-12 to -22, and as implemented under Rule 3:28 and ... by seventeen non-exclusive factors enumerated in the PTI statute. N.J.S.A. 2C:43-12(e)(1)-(17). Courts must "presume that a prosecutor considered ... necessarily serve all the goals of PTI set forth in N.J.S.A. 2C:43-12(a)(1)-(5). Moreover, we cannot say that the ...

docket:	a4137-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-23
status:	unpublished
citation:
Document Size:	30183

78 STATE OF NEW JERSEY v. DANIELLE M. SABO -- rank: 711

... prosecutor relied on factor two, the facts of the case, N.J.S.A. 2C:43-12(e)(2); factor eight, the extent to which defendant's ... constitutes part of a continuing pattern of anti-social behavior, N.J.S.A. 2C:43-12(e)(8); factor twelve, defendant's history of the use of physical violence against others, N.J.S.A. 2C:43-12(e)(12); factor fourteen, whether the crime is of such ... of supervisory treatment is outweighed by the need for prosecution, N.J.S.A. 2C:43-12(e)(14); and factor seventeen, whether the harm to society ... the benefits from channeling defendant into a supervisory treatment program, N.J.S.A. 2C:43-12(e)(17). The prosecutor based the findings of factors eight ... decision to admit a defendant to PTI were considered, see N.J.S.A. 2C:43-12(e), but that 'on balance' the factors disfavor defendant' ...

docket:	a2199-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-20
status:	Unpublished
citation:
Document Size:	19540

79 STATE OF NEW JERSEY v. CHARLES S. TANG -- rank: 708

... GCPO's evaluation of the seventeen criteria set forth in N.J.S.A. 2C:43-12(e) gave little consideration to the numerous factors that weighed ... 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).5 Roseman, 221 N.J. at 621. 5 Under N.J.S.A. 2C:43-12(e), prosecutors are required to consider, among others, the following ... court stated the GCPO appropriately considered the seventeen factors under N.J.S.A. 2C:43-12(e). The court further determined the GCPO did not consider ... issue was not of 'an assaultive or violent nature' under N.J.S.A. 2C:43-12(e)(10). Defendant, however, failed to reference the entire ...

docket:	a1881-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-28
status:	Unpublished
citation:
Document Size:	19397

80 /usr/local/share/www/libweb/collections/courts/appellate/a4843-17.opn.html -- rank: 708

... Rule 3:28, along with consideration of factors listed in N.J.S.A. 2C:43-12(e).' Ibid. A-4843-17T3 2 [O]n two occasions ... is warranted. The prosecutor's rejection memorandum also relied on N.J.S.A. 2C:43- 12(e)(1) ('[t]he nature of the offense'); N.J.S.A. 2C:43-12(e)(2) ('[t]he facts of the case'); N.J.S.A. 2C:43-12(e)(3) ('[t]he motivation and age of the defendant'); and N.J.S.A. 2C:43-12(e)(4) ('the desire of the . . . victim to forego prosecution'). Regarding N.J.S.A. 2C:43-12(e)(1) and (2), the prosecutor elaborated that even ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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81 STATE OF NEW JERSEY v. TANIS A. COLELLI -- rank: 708

... for enrollment in the Pretrial Intervention Program (PTI) pursuant to N.J.S.A. 2C:43-12 to -14 and Rule 3:28, and also from the ... Manager and the prosecutor must consider seventeen factors listed in N.J.S.A. 2C:43-12(e). The statutory list is not exhaustive, and additional relevant ...

docket:	a3992-10
court:	NJ Superior Court Appellate Division
decided:	2013-06-11
status:	unpublished
citation:
Document Size:	25254

82 STATE OF NEW JERSEY v. OAKLEY SMITH -- rank: 708

... restoration, clean-up and garbage businesses. The assistant prosecutor cited N.J.S.A. 2C:43-12(e)(3), which allows the prosecutor to consider a defendant ... defendant from further unlawful conduct. The assistant prosecutor also cited N.J.S.A. 2C:43-12(e)(8), which allows the prosecutor to consider whether defendant ... was again denied. In the letter, the assistant prosecutor cited N.J.S.A. 2C:43-12(e)(3) and (8) and stated that defendant's record ... The court stated that the prosecutor had properly relied on N.J.S.A. 2C:43-12(e)(3) to deny defendant's application. The court noted ... court additionally found that the prosecutor had properly relied upon N.J.S.A. 2C:43-12(e)(8) in denying defendant's application. The court noted ... On appeal, defendant argues that the prosecutor's reliance upon N.J.S.A. 2C:43-12(e)(3) and N.J.S.A. 2C:43- ...

docket:	a2529-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-19
status:	unpublished
citation:
Document Size:	35733

83 STATE OF NEW JERSEY v. A.M -- rank: 705

... 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 ... PTI program is ordinarily intended for first-time criminal offenders. N.J.S.A. 2C:43-12(a). Admission to the program 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 ... to admission, the prosecutor must consider seventeen factors listed in N.J.S.A. 2C:43-12(e), 2 and also certain additional factors, policies, and objectives ... s application was denied based on the factors listed at N.J.S.A. 2C:43-12(e)(1), (2), (7), (14), and (17). Subsequently, the prosecutor ... otherwise favored her application. Of the seventeen factors listed in N.J.S.A. 2C:43-12(e), at least eleven clearly favor defendant's application. ...

docket:	a2128-13
court:	New Jersey Superior Court Appellate Division
decided:	2014-06-18
status:	Published
citation:
Document Size:	31400

84 State v. Kassey Benjamin -- rank: 705

... both the stigma of prosecution and the consequences of conviction. N.J.S.A. 2C:43-12. 3 Assignment judges may delegate the responsibility of hearing Graves ...

docket:	A-43-15
court:	NJ Supreme Court
decided:	2017-04-05
status:
citation:	228 N.J. 358 157 A.3d 427
Document Size:	73914

85 STATE OF NEW JERSEY v. DAWN A. PARKER -- rank: 705

... to which she may present a substantial danger to others,' N.J.S.A. 2C:43-12(e)(9), and factor twelve, '[t]he history of the use of physical violence towards others.' N.J.S.A. 2C:43-12(e)(12). These factors examine a defendant's prior dismissed ... desire of the complainant or the victim to forego prosecution,' N.J.S.A. 2C:43-12(e)(4). Defendant argues the Bank did not oppose her ... which may be addressed through services provided by supervisory treatment, N.J.S.A. 2C:43-12(e)(5), and factor six is the likelihood that the ... situation that could be conducive to change through supervisory treatment, N.J.S.A. 2C:43-12 (6). In arguing the prosecutor should have considered factors five ... treatment would be outweighed by the public need for prosecution,' N.J.S.A. 2C:43-12(e)(14), and factor seventeen, '[w]hether or not ...

docket:	a5375-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-09
status:	Published
citation:
Document Size:	25718

86 STATE OF NEW JERSEY v. RYAN S. ROBERTS -- rank: 705

... and 'seriousness of an offense' were 'key consideration[s].' See N.J.S.A. 2C:43-12(e)(1) (listing '[t]he nature of the offense' as ... rebut the presumption against diversion for certain offenders pursuant to N.J.S.A. 2C:43-12(b)(2) by establishing 'compelling reasons' as permitted under Rule ... consider in formulating their recommendation' on PTI applications pursuant to N.J.S.A. 2C:43-12(e)(8)). Finally, the judge rejected defendant's argument that ... because the rejection letter did not discuss every factor from N.J.S.A. 2C:43-12 and [Rule] 3:28.' Citing State v. Wallace, 146 N ... director and the prosecutor must consider seventeen factors listed in N.J.S.A. 2C:43- 12(e) and the Rule 3: 28 Guidelines 4 The statutory ...

docket:	a0042-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-05
status:	Unpublished
citation:
Document Size:	34919

87 State v. Kassey Benjamin -- rank: 705

... both the stigma of prosecution and the consequences of conviction. N.J.S.A. 2C:43-12. 3 Assignment judges may delegate the responsibility of hearing Graves ...

docket:	a_43_15
court:	NJ Supreme Court
decided:	2017-04-05
status:
citation:
Document Size:	73759

88 STATE OF NEW JERSEY v. WILLIE E. GRADY 3RD -- rank: 702

... evaluating the relevant aggravating and mitigating factors set forth in N.J.S.A. 2C:43-12(e) and Rule 3:28-4. Judge Sivilli found the ... to consider a non-exhaustive list of factors enumerated in N.J.S.A. 2C:43-12(e): (1) The nature of the offense; (2) The facts ... and mitigating factors, including especially the 'nature of the offense,' N.J.S.A. 2C:43-12(e)(1). We need only briefly address defendant's novel ...

docket:	a1761-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-12
status:	Unpublished
citation:
Document Size:	27872

89 STATE OF NEW JERSEY v. YEIMY ACOSTA -- rank: 700

... WAS BASED UPON REVIEW OF RELEVANT CRITERIA SET FORTH IN N.J.S.A. 2C:43-12 AND WAS NOT A PATENT AND GROSS ABUSE OF DISCRETION ... s criminal record reflecting she is a danger to others. N.J.S.A. 2C:43-12 (e) (1), (2), (7), (8), (9) and (17). Defendant appealed ... PTI. The State filed the instant appeal. As provided by N.J.S.A. 2C:43-12 and the Guidelines set forth in Rule 3:28, "PTI ... quoting State v. Nwobu , 139 N.J. 236 , 240 (1995)). N.J.S.A. 2C:43-12 articulates the factors relevant to determining a defendant's suitability ... applicable procedures, which must be followed in that evaluation. Specifically, N.J.S.A. 2C:43-12(e) frames factors considered first by the Criminal Division Manager ... State v. Watkins , 193 N.J. 507 , 520 (2008) (quoting N.J.S.A. 2C:43-12(b)). If rejected from PTI, a defendant may challenge ...

docket:	a4924-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-22
status:	unpublished
citation:
Document Size:	25907

90 /usr/local/share/www/libweb/collections/courts/appellate/a0699-19.opn.html -- rank: 700

... provided in Rule 3:28 with consideration of factors in N.J.S.A. 2C:43-12(e). Rule 3:28 was amended and those guidelines were ... need for prosecution' given the nature of the crime. See N.J.S.A. 2C: 43-12(e)(1), (2), (8), (9), and (14). In its opposition ... application as untimely 4 and properly considered the factors of N.J.S.A. 2C:43-12(e). The State contends the prosecutor's reference to a ... 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 ... s motion, the State 10 A-0699-19 listed the N.J.S.A. 2C:43-12(e) factors supporting the PTI denial, including '[t]he ...

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