Search Rutgers Law Library N.J. Court Opinions

226 STATE OF NEW JERSEY v. EMMET J. RYDER -- rank: 564

... State v. Watkins, 193 N.J. 507, 520 (2008) (quoting N.J.S.A. 2C:43-12(b)), through a consideration of N.J.S.A. 2C:43-12's factors. The prosecutor's written statement when opposing admission ... balancing of the costs and benefits regarding potential societal harm. N.J.S.A. 2C:43-12(e)(1), (2), (8), and (17). In support of the ... PTI admission when a defendant faces a second-degree offense. N.J.S.A. 2C:43-12(g)(3); R. 3:28- 5(b)(2). To be ... that factor seventeen – the pattern of continuing antisocial behavior, N.J.S.A. 2C:43- 12(e)(8) – might not have been applicable or certainly ...

docket:	a4437-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-01
status:	Unpublished
citation:
Document Size:	13232

227 STATE OF NEW JERSEY v. JAMES SHACKELFORD -- rank: 564

... noting that the statutory provisions implementing the PTI program are N.J.S.A. 2C:43-12 through 43-22. The procedural aspects of PTI programs are ... 3:28, after which appear the PTI guidelines. The statute, N.J.S.A. 2C:43-12, states explicitly that "Prosecutors and program directors shall consider" the ... to one or more of the factors set forth in N.J.S.A. 2C:43-12(e)." K.S. , supra , 220 N.J. at 203. Reversed ...

docket:	a5139-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-13
status:	published
citation:
Document Size:	24123

228 STATE OF NEW JERSEY v. BRIAN D. SOOY -- rank: 564

... to the Pre-trial Intervention Program (PTI), Rule 3:28; N.J.S.A. 2C:43-12. A February 17, 2016 judgment of conviction resulted from his ... a copy of the PTI director's written decision. See N.J.S.A. 2C:43-12(c) (requiring that all decisions by directors or prosecutors be ...

docket:	a3253-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-14
status:	unpublished
citation:
Document Size:	16068

229 STATE OF NEW JERSEY v. DENISE CASSELL -- rank: 564

... of tissue after it was thrown on her." Relying on N.J.S.A. 2C:43-12(e)(14), the prosecutor argued that affording defendant supervisory treatment ... need to prosecute her for these violent offenses. Based on N.J.S.A. 2C:43-12(e)(17), the prosecutor found society's interest in deterring ... appellate record. 2 The Legislature adopted the same standard in N.J.S.A. 2C:43-12(e)(10), and authorized the prosecutor to consider: "Whether or ...

docket:	a0539-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	22700

230 STATE OF NEW JERSEY v. EDUARDO CALDERON-MARIN -- rank: 561

... not engage in future criminality. A-1758-17T2 11 [(quoting N.J.S.A. 2C:43-12(e).] The judge highlighted defendant's extensive history of motor ... to 'a continuing pattern of anti-social behavior[,]' pursuant to N.J.S.A. 2C:43-12(e)(8). Further, defendant's 'status as an illegal immigrant ...

docket:	a1758-17
court:	NJ Superior Court Appellate Division
decided:	2018-12-03
status:	Unpublished
citation:
Document Size:	22600

231 STATE OF NEW JERSEY v. THOMAS J. KUTZNER -- rank: 561

... defendant was denied admission into the Pretrial Intervention Program, see N.J.S.A. 2C:43-12 to -14 and R. 3:28, because he had failed ...

docket:	a1164-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-04-04
status:	Published
citation:
Document Size:	31401

232 A-0STATE OF NEW JERSEY v. ANA ALVAREZ May 4 2015 -- rank: 558

... correction, responsiveness to rehabilitation and the nature of the offense." N.J.S.A. 2C:43-12(b). "Admission [into the PTI program] requires a positive recommendation ... 1979)). In determining eligibility, prosecutors must consider the factors in N.J.S.A. 2C:43-12(e) and Rule 3:28, and the accompanying Guidelines, which ... s failure to mention each of the factors contained in N.J.S.A. 2C:43-12(e) in a statement of reasons is not an indication ...

docket:	a5587-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-23
status:	unpublished
citation:
Document Size:	18873

233 STATE OF NEW JERSEY v. ANHEL CARRILLO -- rank: 558

... purposes, goals, and considerations relevant to PTI are found at N.J.S.A. 2C:43-12, and in Rule 3:28." Brooks , supra , 175 N.J ... 85 , 111 (1976). Rather, they embody the considerations delineated in N.J.S.A. 2C:43-12(e). Brooks , supra , 175 N.J. at 224. A prosecutor ... v. Sutton , 80 N.J. 110 , 119 (1979)); see also N.J.S.A. 2C:43-12(b) ("Admission of an applicant into a program of supervisory ... guided by the relevant factors set forth in the statute, N.J.S.A. 2C:43-12(e), and described in the Guidelines accompanying Rule 3:28 ...

docket:	a2420-10
court:	NJ Superior Court Appellate Division
decided:	2013-07-02
status:	unpublished
citation:
Document Size:	23943

234 STATE OF NEW JERSEY v. J.H.P. -- rank: 558

... 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 ...

docket:	a5476-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-19
status:	unpublished
citation:
Document Size:	15285

235 STATE OF NEW JERSEY v. VANESSA C. PONDER -- rank: 558

... supervisory treatment. Id. at 517-18. PTI is regulated by N.J.S.A. 2C:43-12 and Rule 3:28. To effectuate the purpose of PTI ... behavioral change . . . ." Watkins , supra , 193 N.J. at 513. Nonetheless, N.J.S.A. 2C:43-12 and Rule 3:28 recognize that not all defendants are ... satisfied that the prosecutor considered all factors set forth in N.J.S.A. 2C:43-12 and Rule 3:28. He also properly considered defendant's ...

docket:	a2294-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-22
status:	unpublished
citation:
Document Size:	15503

236 STATE OF NEW JERSEY v. BRIAN M. RAMOS -- rank: 553

... in pretrial intervention will adversely affect the prosecution of codefendants). N.J.S.A. 2C:43-12(e)(1), (2), (3), (4), (5), (7), (13), (14), (15 ... patent and gross abuse of discretion. 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). We cannot say that the prosecutor's ...

docket:	a1099-17
court:	NJ Superior Court Appellate Division
decided:	2018-09-28
status:	Unpublished
citation:
Document Size:	21376

237 STATE OF NEW JERSEY v. DAVID CONNOR CASTELLANI -- rank: 553

... 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 ... the complainant/victim, a police officer, not to forego prosecution. N.J.S.A. 2C:43-12(e)(4), (14). 3 The State argues that these determinations ... victim's status as a police officer does not eviscerate N.J.S.A. 2C:43-12(e)(4), which requires prosecutors to consider "[t]he desire ...

docket:	a5396-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-23
status:	unpublished
citation:
Document Size:	21453

238 STATE OF NEW JERSEY v. RODNEY RAYNARD LINTON a/k/a LONNELL WORTHINGTON -- rank: 553

... CURIAM Defendant was indicted for possession of cocaine contrary to N.J.S.A. 2C:43-12 and Rule 3:28, with its accompanying PTI guidelines, which ...

docket:	a4217-07
court:
decided:	2009-05-26
status:	Unpublished
citation:
Document Size:	11708

239 STATE OF NEW JERSEY v. ARTURO VINCENTE-PEREZ -- rank: 550

... denying relief. After considering the PTI criteria set forth in N.J.S.A. 2C:43-12(e), and the applicable standard of review, the judge found ...

docket:	a3624-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-27
status:	unpublished
citation:
Document Size:	12345

240 STATE OF NEW JERSEY v. R.E.C. -- rank: 547

... compelling reasons pursuant to the relevant factors set forth in N.J.S.A. 2C:43-12(e), and gave undue weight to the nature of the ... rejection letter failed to cite the factors set forth in N.J.S.A. 2C:43-12(e). 4 And we are 4 ' N.J.S.A. 2C:43-12(e) sets forth a list of seventeen nonexclusive factors that ... the factors set forth in Rule 3:28-4 and N.J.S.A. 2C:43-12(e), and its written decision should reference those factors. As ...

docket:	a3798-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-21
status:	Unpublished
citation:
Document Size:	20988