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181 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status:	Unpublished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

182 /usr/local/share/www/libweb/collections/courts/appellate/a0650-19.opn.html -- rank: 602

... adjudications without consideration of other relevant factors' set forth in N.J.S.A. 2C:43-12(e). R.M.M., slip op. at 6- 7. As ... remand instructions, specifically considering all relevant factors set forth in N.J.S.A. 2C:43-12(e)3 as well as the personal characteristics we identified ... defendant specifically contends the CDM and prosecutor failed to consider N.J.S.A. 2C:43-12(e)(1) (nature of the offense), (2) (facts of the ... the prosecutor failed to consider the seventeen factors listed in N.J.S.A. 2C:43-12(e)], our judges must presume that all relevant factors were ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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citation:
Document Size:	25076

183 STATE OF NEW JERSEY v. BRANDON J. GILL -- rank: 602

... as the procedures concerning the program, are set forth in N.J.S.A. 2C:43-12 to -22 and Rule 3:28. The Legislature's declaration of public policy underlying PTI is found in N.J.S.A. 2C:43-12(a) and summarized in Rule 3:28, Guideline 1. "Eligibility ... be entitled to full and fair consideration of his application." N.J.S.A. 2C:43-12(f). When prosecutors and program directors decide whether to recommend ... are required to consider, among others, the factors enumerated in N.J.S.A. 2C:43-12(e)(1) through (17). Our review of a prosecutor's ... whether defendant received "full and fair consideration of his application." N.J.S.A. 2C:43-12(f). We therefore conclude the assistant prosecutor abused her discretion ...

docket:	a0611-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-08
status:	unpublished
citation:
Document Size:	43057

184 STATE OF NEW JERSEY v. MAURICE SHABAY MALACHI -- rank: 602

... prosecutor is required to evaluate the criteria set forth in N.J.S.A. 2C:43-12(e) and the Rule 3:28 Guidelines in determining whether ... 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. Super ... reflect the evaluation of all the criteria set forth in N.J.S.A. 2C:43-12(e) and the Rule 3:28 Guidelines and the "individualistic ...

docket:	a6438-08
court:	NJ Superior Court Appellate Division
decided:	2012-06-19
status:	unpublished
citation:
Document Size:	28599

185 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

186 /usr/local/share/www/libweb/collections/courts/supreme/a2583-12.opn.html -- 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 ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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citation:
Document Size:	15772

187 STATE OF NEW JERSEY v. NEIKIA K. AUSTIN -- rank: 599

... who have not previously been convicted of any criminal offense." N.J.S.A. 2C:43-12(a). See also State v. Bell , 217 N.J. 336 ... inappropriate factors." K.S. , supra , 220 N.J. at 200. N.J.S.A. 2C:43-12(g)(1) provides the following limitation on PTI admission: Supervisory ... this section. However, "the term '[s]upervisory treatment,' found in N.J.S.A. 2C:43-12(g)(1) refers to diversionary programs [within New Jersey] . . . , not ... prior out-of-state diversionary programs may be considered under N.J.S.A. 2C:43-12(e)(8) (continuing pattern of anti-social behavior), McKeon , supra ... diversionary program to justify denying defendant entry into PTI under N.J.S.A. 2C:43-12(g)(1). This amounts to an abuse of discretion. Therefore ...

docket:	a1046-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	16454

188 STATE OF NEW JERSEY v. LAWRENCE VIARENGO -- rank: 599

... director 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 ... defendant's application in accordance with the factors listed in N.J.S.A. 2C:43-12(e), as well as those listed in the Guidelines. See ... explain the denial rooted in the relevant factors listed in N.J.S.A. 2C:43-12(e) or in the Guidelines. Additionally, although the trial court ... provided no evidence as to how it weighed factors from N.J.S.A. 2C:43-12(e) and the Guidelines into its decision to affirm the ...

docket:	a2004-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-29
status:	unpublished
citation:
Document Size:	17118

189 STATE OF NEW JERSEY v. GERALD L. GARDNER -- rank: 596

... offenses. The PTI Director cited 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 interest of the victim[s] and society," N.J.S.A. 2C:43-12(e)(7), the "assaultive or violent" nature of the offense and its serious "injurious consequences" to the victims, N.J.S.A. 2C:43-12(e)(10), that the "value of supervisory treatment" of defendant was "outweighed by the public need for prosecution," N.J.S.A. 2C:43-12(e)(14), and that "the harm done to society by ... to society from channeling [defendant] into a supervisory treatment program," N.J.S.A. 2C:43-12(e)(17), as statutory criteria supporting the denial of ...

docket:	a3449-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-28
status:	unpublished
citation:
Document Size:	14816

190 STATE OF NEW JERSEY v. M.D. -- rank: 596

... purposes and goals of that program are set forth in N.J.S.A. 2C:43-12 and at Rule 3:28 in its Guidelines. While one ... rehabilitative efforts in light of the factors set forth in N.J.S.A. 2C:43-12 and the Guidelines set forth in Rule 3:28, we ...

docket:	a4172-08
court:	NJ Superior Court Appellate Division
decided:	2010-08-02
status:	unpublished
citation:
Document Size:	40759

191 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 STATE OF NEW JERSEY v. -- rank: 593

... The prosecutor also considered all relevant factors set forth in N.J.S.A. 2C:43-12, stating as follows: The State has evaluated this case from ... sexual assault. As noted in PTI Guideline 1(c) and N.J.S.A. 2C:43-12(a)(3), the purpose of [PTI] is to "provide a ... in favor of rejecting this defendant from the PTI program. N.J.S.A. 2C:43-12(e)(7). The nature of the offense and the facts ... supervisory treatment is outweighed by the public need for prosecution. N.J.S.A. 2C:43-12(e)(1), (2) and (14). Defendant appealed the prosecutor's ... determination, the prosecutor must evaluate the criteria set forth in N.J.S.A. 2C:43-12(e) and the Rule 3:28 Guidelines. State v. Negran ... State v. Watkins , 193 N.J. 507 , 520 (2008) (quoting N.J.S.A. 2C:43-12(b); State v. Bender , 80 N.J. 84 , 89 ( ...

docket:	a3173-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-18
status:	unpublished
citation:
Document Size:	19854

192 STATE OF NEW JERSEY v. MARISOL MENDEZ-PALMAS -- rank: 593

... PTI recommendations." Wallace , supra , 146 N.J. at 585 (citing N.J.S.A. 2C:43-12(e)). "[N]owhere does the statute attempt to instruct the ... the offense, and factor (2) the facts of the case. N.J.S.A. 2C:43-12(e)(1), (2). The prosecutor argued to the judge that ...

docket:	a5967-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-10-16
status:	Published
citation:
Document Size:	20960

193 STATE OF NEW JERSEY v. VINCENT J. DEFILIPPO -- rank: 593

... this case shows that this applicant is inappropriate for PTI. N.J.S.A. 2C:43-12(e)(1) [('The nature of the offense')] and (2) [('The ... 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 ... to consider his amenability to treatment under factor 6 — N.J.S.A. 2C:43-12(e)(6) — '[t]he likelihood that the applicant's ...

docket:	a5456-14
court:	NJ Superior Court Appellate Division
decided:	2017-12-11
status:	unpublished
citation:
Document Size:	31417

194 STATE OF NEW JERSEY v. HOLLIE E. BAKER -- rank: 591

... suited for the program under the factors set forth in N.J.S.A. 2C:43-12 and Rule 3:28. Among other things, the prosecutor noted ... his February 26, 2015 oral decision. As statutorily established in N.J.S.A. 2C:43-12 to -22, and as implemented in our criminal courts under ... be guided by seventeen factors enumerated in the PTI statute. N.J.S.A. 2C:43-12(e)(1)-(17). For appropriate defendants who are selected for ... successfully resulting in a continuing pattern of anti-social behavior, N.J.S.A. 2C:43-12(e)(8) and (9); the value of defendant receiving longer ... probation as compared with the shorter-term oversight within PTI, N.J.S.A. 2C:43-12(e)(14); and the interests of public safety, particularly in ... s commission of two more offenses after the present incident, N.J.S.A. 2C:43-12(e)(17). Affirmed. This archive is a service of ...

docket:	a4861-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-05
status:	unpublished
citation:
Document Size:	15789

195 STATE OF NEW JERSEY v. GREGORY MAURER -- rank: 591

... Legislature in key areas of joint concern. See, e.g. , N.J.S.A. 2C:43-12 to -22, R. 3:28, and [ State v. ] Leonardis , [] 73 ...

docket:	a3527-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-17
status:	published
citation:	438 N.J.Super. 402 105 A.3d 637
Document Size:	62111