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151 STATE OF NEW JERSEY v. P.R. -- rank: 626

... defendant for enrollment in PTI based on four factors of N.J.S.A. 2C:43-12: the nature of the offense, the facts of the case ... indicated that the criteria listed in Rule 3:28 and N.J.S.A. 2C:43-12(e) were considered, and specifically referenced sections (1), (2), (3 ... eligibility for PTI is "the nature of the offense." See N.J.S.A. 2C:43-12(b), (e)(1). As to this factor, defendant was aware ...

docket:	a6196-12
court:	NJ Superior Court Appellate Division
decided:	2014-12-16
status:	unpublished
citation:
Document Size:	18711

152 State v. James T. Brooks -- rank: 626

... purposes, goals, and considerations relevant to PTI are found at N.J.S.A. 2C:43-12 and at Rule 3:28 and its accompanying guidelines (Guidelines ...

docket:	a-69-01
court:	njsupreme
decided:	2002-11-25
status:
citation:	175 N.J. 215
Document Size:	69538

153 STATE OF NEW JERSEY v. J.B. -- rank: 626

... several felonies in Pennsylvania. He had been granted Pretrial Intervention, N.J.S.A. 2C:43-12(e) and Rule 3:28, in New Jersey in 2003 ...

docket:	a1681-12
court:	NJ Superior Court Appellate Division
decided:	2015-06-11
status:	unpublished
citation:
Document Size:	37086

154 STATE OF NEW JERSEY v. ELIZABETH A. POWELL -- rank: 623

... factors for determining admission into PTI as set forth in N.J.S.A. 2C:43-12(e)(1) to (17). In particular, the Prosecutor considered "the ... constitutes part of a continuing pattern of anti-social behavior[,]" N.J.S.A. 2C:43-12(e)(8), and "whether or not the harm done to ... society from channeling an offender into a supervisory treatment program[,] N.J.S.A. 2C:43-12(e)(17). In that regard, the Prosecutor noted that "[n ... selling medications without a license, as anti-social behavior within N.J.S.A. 2C:43-12(e)(8). We review a trial judge's decision upholding ... criminal offense reflected a continuing pattern of anti-social behavior. N.J.S.A. 2C:43-12(e)(8) specifically authorizes a prosecutor to consider "[t]he ...

docket:	a6299-08
court:	NJ Superior Court Appellate Division
decided:	2011-11-02
status:	unpublished
citation:
Document Size:	13463

155 STATE OF NEW JERSEY v. EDWARD SHACKLEFORD -- rank: 621

... program as part of the Code of Criminal Justice. See N.J.S.A. 2C:43-12 to -22; State v. Leonardis , 73 N.J. 360 (1977 ...

docket:	A3238-05
court:	NJ Superior Court Appellate Division
decided:	2006-12-12
status:	unpublished
citation:
Document Size:	50239

156 STATE OF NEW JERSEY v. DELEDIN TWINE -- rank: 621

... defendant's lack of motivation to successfully complete the program, N.J.S.A. 2C:43-12(e)(3); (2) Verizon's objection to foregoing prosecution, N.J.S.A. 2C:43-12 (e) (4); (3) the needs and interest of the victim and society, N.J.S.A. 2C:43-12 (e) (7); (4 and 5) a pattern of antisocial behavior and defendant's criminal record, N.J.S.A. 2C:43-12(e)(8) and (9); and (6 and 7) the public ... s need for prosecution and the harm done to society, N.J.S.A. 2C:43-12(e)(14) and (17). Defendant again appealed to the Law ... 2014). PTI is governed by statute and court rule. See N.J.S.A. 2C:43-12 to -22; R. 3:28; Pressler & Verniero, Current N. ...

docket:	a1012-15
court:	NJ Superior Court Appellate Division
decided:	2017-01-27
status:	unpublished
citation:
Document Size:	17948

157 STATE OF NEW JERSEY v. COREY SAUNDERS -- rank: 621

... salient facts of the case, the eligibility factors codified in N.J.S.A. 2C:43-12(e), and the guidelines in Rule 3:28, the Court ... to pretrial intervention programs in the vicinage in accordance with N.J.S.A. 2C:43-12 and 13.' A-2623-15T1 4 illicit transactions within 1000 ... his decision was strictly based on the criteria codified in N.J.S.A. 2C:43-12(e). The following analysis of N.J.S.A. 2C:43-12(e)(14) reflects the prosecutor's overall assessment of defendant ... to re-evaluate our position, a review of this factor [N.J.S.A. 2C:43-12(e)(14)] weighs against admitting this defendant into PTI. The ... response to our remand order addressed every factor codified in N.J.S.A. 2C:43-12(e). We discern no legal A-2623-15T1 9 ...

docket:	a2623-15
court:	NJ Superior Court Appellate Division
decided:	2018-10-17
status:	Unpublished
citation:
Document Size:	22295

158 /usr/local/share/www/libweb/collections/courts/appellate/a4875-17.opn.html -- rank: 618

... rejection letter went on to discuss the criteria found in N.J.S.A. 2C: 43-12 and Rule 3:28, and the appropriate guidelines. 1 The ... twenty-five- page opinion, assessing each factor enumerated in the N.J.S.A. 2C:43-12(e) guidelines anew. The judge prefaced his discussion by acknowledging ... and was later established as a statewide program pursuant to N.J.S.A. 2C:43-12. 'Thus, since 1979, PTI has been governed simultaneously by the ... a PTI application based on the criteria set forth in N.J.S.A. 2C:43-12(e) as well as those found in Rule A-4875 ... degree crime[.]' Rule 3:28-5(b)(2); see also N.J.S.A. 2C:43-12(g)(3). Determining which defendants should be diverted into the ... the non-exhaustive list of seventeen statutory factors enumerated in N.J.S.A. 2C:43-12(e). State v. Roseman, 221 N.J. 611, 621 ( ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	19807

159 STATE OF NEW JERSEY v. GREGORY B. HARRIS -- rank: 618

... pursuant to [Rule] 3:28 and the Factors pursuant to N.J.S.A. 2C:43- 12(e). It is only after this careful review in conjunction ... prosecutor nonetheless relied upon six of the factors enumerated in N.J.S.A. 2C:43-12(e). The prosecutor further explained how the facts underlying defendant ... the program, are set forth in Rule 3:28 and N.J.S.A. 2C:43-12 to -22. Rule 3:28 is followed by eight guidelines and 5 A-4915-15T 4 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 ...

docket:	a4915-15
court:	NJ Superior Court Appellate Division
decided:	2018-01-29
status:	unpublished
citation:
Document Size:	26666

160 STATE OF NEW JERSEY v. FRANCES H. LESZCZYNSKI -- rank: 618

... a statement of reasons explaining the basis for that decision. N.J.S.A. 2C:43-12(c). The statement of reasons must consider the following enumerated ... society from channeling an offender into a supervisory treatment program. [ N.J.S.A. 2C:43-12(e)(1) to (17).] A-3653-18T1 6 The prosecutor ... first PTI factor relating to the nature of the offense. N.J.S.A. 2C:43-12(e)(1). In any event, we need not decide the ... to show there was a pattern of antisocial behavior under N.J.S.A. 2C:43-12(e)(8). See State v. Negran, 178 N.J. 73 ...

docket:	a3653-18
court:	NJ Superior Court Appellate Division
decided:	2020-10-05
status:	Unpublished
citation:
Document Size:	23924

161 STATE OF NEW JERSEY v. JUAN A. LEMA -- rank: 615

... on the offense charged' and failed to adequately consider the N.J.S.A. 2C:43-12(e) factors. Specifically, defendant contended the State had failed to ... the text of R. 3:28-1 et seq. or N.J.S.A. 2C:43-12. 3 Defendant was subsequently indicted on two counts of fourth ... that does not exist A-1034-22 8 factor three, N.J.S.A. 2C:43-12(e)(3), '[t]he motivation and age of the defendant ... warranting admission into PTI, notwithstanding the relevance of treatability to N.J.S.A. 2C:43-12(e)(5), (6), (11), (14), and (17),' ignores the absence ...

docket:	a1034-22
court:	NJ Superior Court Appellate Division
decided:	2024-02-29
status:	Unpublished
citation:
Document Size:	21363

162 IN THE MATTER OF THE SEIZURE OF WEAPONS OF JOSEPH W RADLER -- rank: 615

... Pretrial Intervention (PTI), "[i]n accordance with the provisions of N.J.S.A. 2C:43-12 & 13 & R. 3:28, and upon the recommendation of the ...

docket:	a5051-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-08-12
status:	Published
citation:
Document Size:	19976

163 STATE OF NEW JERSEY v. JOSEPH G. GELLENE -- rank: 615

... PTI the PTI judge first reviewed Rule 3:28 and N.J.S.A. 2C:43-12. The PTI judge noted the objection of the prosecutor, and ... 2014). PTI is governed by statute and court rule. See N.J.S.A. 2C:43-12 to -22; R. 3:28; Pressler & Verniero, Current N.J ...

docket:	a5084-13
court:	NJ Superior Court Appellate Division
decided:	2016-07-27
status:	unpublished
citation:
Document Size:	28966

164 STATE OF NEW JERSEY v. THOMAS BALUKA -- rank: 615

... the Defendant was rejected after consideration of multiple facts, specifically N.J.S.A. 2C:43-12(e): (1), (7), (8), (14), and (17), not to mention ... correction, responsiveness to rehabilitation and the nature of the offense." N.J.S.A. 2C:43-12(b). "Admission [into PTI] requires a positive recommendation from the ... application, including his specific background and individual circumstances pursuant to N.J.S.A 2C: 43-12. The prosecutor considered the same information in affirming the PTI ...

docket:	a3325-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-10
status:	unpublished
citation:
Document Size:	17665

165 STATE OF NEW JERSEY v. ANTHONY MAHONEY -- rank: 613

... the prosecutor must consider the factors set forth in both N.J.S.A. 2C:43-12 and R. 3:28, Guideline 3. No crimes are per ... of the Pre-Trial Intervention program is set forth at N.J.S.A. 2C:43-12 and -13, supplemented by guidelines adopted by the Supreme Court ...

docket:	a3364-02
court:	njappellate
decided:	2005-03-17
status:	published
citation:	376 N.J. Super. 63
Document Size:	69666