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196 STATE OF NEW JERSEY v. K.R. -- rank: 591

... 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 ...

docket:	a3599-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-21
status:	unpublished
citation:
Document Size:	26092

197 STATE OF NEW JERSEY V. BRIAN SEYLER -- rank: 591

... court are required to consider the criteria set forth in N.J.S.A. 2C:43-12. See Caliguiri , supra , at 158 N.J. at 35. These ...

docket:	a6851-97
court:	njappellate
decided:	1999-06-30
status:	published
citation:	323 N.J.Super. 360
Document Size:	77571

198 STATE OF NEW JERSEY v. WILLIAM POLLARD -- rank: 591

... 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 ...

docket:	a0782-12
court:	NJ Superior Court Appellate Division
decided:	2013-03-20
status:	unpublished
citation:
Document Size:	17891

199 STATE OF NEW JERSEY v. E.A.G. -- rank: 591

... 35 (1999). Admissions into PTI are governed both by statute, N.J.S.A. 2C:43-12(a)(1), and court rule, R. 3:28. See Guidelines ...

docket:	a3695-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-05
status:	unpublished
citation:
Document Size:	16923

200 STATE OF NEW JERSEY v. ANTWON T. STEVENSON -- rank: 588

... program is governed by Rule 3:28 and supplemented by N.J.S.A. 2C:43-12. "The Guidelines contained in Rule 3:28 embody the essential ... decision on the appropriate factors outlined in the Guidelines and N.J.S.A. 2C:43-12 and -13. The assurance that defendant will pay restitution is ...

docket:	a6979-03
court:	njappellate
decided:	2006-01-18
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	65080

201 STATE OF NEW JERSEY v. HEATHER QUINTANA -- rank: 588

... that the State failed to consider all relevant factors of N.J.S.A. 2C:43-12(e). We do not agree. Our review of a PTI ... PTI determination is guided by the seventeen factors enumerated in N.J.S.A. 2C:43-12(e), and by the Guidelines for Operation of Pretrial Intervention ... defendant's "amenability to correction" and potential "responsiveness to rehabilitation." N.J.S.A. 2C:43-12(b). If a defendant chooses to challenge a rejection from ... militate against an exception being made to that general policy. N.J.S.A. 2C:43-12(a). That defendant was not yet on probation at the ... it is clear from the record that the factors of N.J.S.A. 2C:43-12(e) were considered. Affirmed. This archive is a service of ...

docket:	a3254-14
court:	NJ Superior Court Appellate Division
decided:	2017-06-08
status:	unpublished
citation:
Document Size:	17401

202 STATE OF NEW JERSEY v. R.R. -- rank: 585

... Guidelines ). Moreover, the Legislature codified statutory factors to be considered. N.J.S.A. 2C:43-12(e). Under the Guidelines , "[a]ny defendant accused of a ... intended to facilitate judicial review . . . and dispel suspicions of arbitrariness."); N.J.S.A. 2C:43-12(f); Current N.J. Court Rules , supra , Guideline 8 to ... society from channeling an offender into a supervisory treatment program. [ N.J.S.A. 2C:43-12(e). See also State v. Brooks , 175 N.J. 215 ...

docket:	a1245-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-19
status:	unpublished
citation:
Document Size:	41341

203 STATE OF NEW JERSEY v. RENEE MARLENE JONES -- rank: 585

... desire for pre-trial diversion under Rule 3:28 and N.J.S.A. 2C:43-12. Our office has agreed to dismiss Count One which charges ... desire for pre-trial diversion under Rule 3:28 and N.J.S.A. 2C:43-12[,]" not in connection with the plea negotiations. Even if the ...

docket:	a0375-08
court:	NJ Superior Court Appellate Division
decided:	2009-04-03
status:	unpublished
citation:
Document Size:	42130

204 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. K -- rank: 585

... 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 ... offense, pursuant to Guideline 3(i), supra , at 1235, and N.J.S.A. 2C:43-12(e)(1), and find defendant has not shown any "extraordinary ...

docket:	a0365-15
court:	NJ Superior Court Appellate Division
decided:	2016-09-09
status:	unpublished
citation:
Document Size:	20742

205 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: 585

... 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 ... State v. ] Watkins , 193 N.J. [507,] 520 [(2008)]; see N.J.S.A . 2C:43-12(e). Additionally, a PTI determination requires that the prosecutor make ... to rehabilitation.'" Watkins , supra , 193 N.J. at 520 (quoting N.J.S.A. 2C:43-12(b)). [ Roseman , supra , 221 N.J. at 621-22.] The ... Prosecutor considered and evaluated the relevant factual information, thereby following N.J.S.A. 2C:43-12(e). Those factors bore upon the Prosecutor's individualized assessment ... to rehabilitation,'" Watkins , supra , 193 N.J. at 520 (quoting N.J.S.A. 2C:43-12(b)), and do not reflect a "blanket policy" of refusing ...

docket:	a1649-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-27
status:	unpublished
citation:
Document Size:	18189

206 STATE OF NEW JERSEY v. ANDREW T. HENDERSON -- rank: 585

... Here, defendant claims he was not evaluated in accordance with N.J.S.A. 2C:43-12 and the PTI guidelines. Defendant argues the prosecutor failed to ... denial." State v. Negran , 178 N.J. 73 , 82 (2003); N.J.S.A. 2C:43-12(f). Here, the letter of denial brusquely lists – in ... prosecutor's reasons are consistent with criteria set forth in N.J.S.A. 2C:43-12(e). Specifically, N.J.S.A. 2C:43-12(e)(1) — the nature of the offense, N.J.S.A. 2C:43-12(e)(10) — the possible injurious consequences of such behavior, and N.J.S.A. 2C:43-12(e)(14) — the crime is of such a ...

docket:	a4712-08
court:	NJ Superior Court Appellate Division
decided:	2011-03-31
status:	unpublished
citation:
Document Size:	15790

207 STATE OF NEW JERSEY v. JOSE A. VELAZQUEZ -- rank: 583

... application for admission to the Pretrial Intervention Program (PTI). See N.J.S.A. 2C:43-12 and R. 3:28. We affirm. I. In February 2012 ... denial of his PTI application to the Law Division. 1 N.J.S.A. 2C:43-12(f); R. 3:28(h). Following oral argument, Judge Bruno ... the State appropriately weighed the applicable factors set forth in N.J.S.A. 2C:43-12(e), and concluded the facts of defendant's case caused ... 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 ...

docket:	a1497-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-01
status:	unpublished
citation:
Document Size:	17319

208 STATE OF NEW JERSEY v. NATHAN T. MILLER -- rank: 583

... 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 ... which he may present a substantial danger to others.' See N.J.S.A. 2C:43-12(e)(9). The assistant prosecutor reiterated defendant's criminal record ... counsel contended the prosecutor had merely parroted the language of N.J.S.A. 2C:43- 12(e)(9), and failed to demonstrate defendant posed a substantial ... Pressler & Verniero, Guideline 3, following R. 3:28 at 1290; N.J.S.A. 2C:43- 12(3). Vacated and remanded for reconsideration by the prosecutor. If ...

docket:	a1125-16
court:	NJ Superior Court Appellate Division
decided:	2018-02-05
status:	unpublished
citation:
Document Size:	41012

209 STATE OF NEW JERSEY v. ELAINE D. MORAES-PENA -- rank: 580

... record. This Office has weighed all of the factors within N.J.S.A. 2C:43-12, and addressed at least the 8 . . . most relevant in its ...

docket:	a5689-04
court:	njappellate
decided:	2006-07-20
status:	published
citation:	*CITE_PENDING*
Document Size:	43058

210 STATE OF NEW JERSEY v. FELIPE M. CRUZ -- rank: 580

... be admitted into the Pretrial Intervention Program (PTI), governed by N.J.S.A. 2C:43-12 to -22 and Rule 3:28, and its accompanying Guidelines ... v. Watkins , supra , 193 N.J. at 513. The statute, N.J.S.A. 2C:43-12(e), sets forth the following seventeen criteria that prosecutors and ... society from channeling an offender into a supervisory treatment program. [ N.J.S.A. 2C:43-12(e).] Other factors may be considered as well. Ibid. An ...

docket:	a2682-08
court:	superior court appellate division
decided:	2009-12-08
status:	Unpublished
citation:
Document Size:	17840