Search Rutgers Law Library N.J. Court Opinions

256 STATE OF NEW JERSEY v. MATTHEW W. PUGLIA -- rank: 534

... director's initial recommendation. 2 A-1079-16T2 eligibility under N.J.S.A. 2C:43-12(e) and Rule 3:28, and rejected the application. We ... numbered paragraphs that follow correspond to the numbered paragraphs in N.J.S.A. 2C:43-12(e) for each of the statutory factors. 3 A-1079 ... prosecutors are required to consider the seventeen factors listed under N.J.S.A. 2C:43- 12(e). '[U]nless and until a defendant 6 A-1079 ... s conclusion, the State never articulated that the violation of N.J.S.A. 2C:43-12(b) carried a presumption against PTI admission, or rejected defendant ...

docket:	a1079-16
court:	NJ Superior Court Appellate Division
decided:	2017-12-28
status:	unpublished
citation:
Document Size:	27970

257 STATE OF NEW JERSEY v. ROSA M. CALLE -- rank: 534

... 3 In a comprehensive review of the factors listed under N.J.S.A. 2C:43-12(e), the prosecutor found defendant was 'presumptively ineligible for PTI ... State had considered all of the statutory factors enumerated under N.J.S.A. 2C:43-12(e). Therefore, he asserted, 'the State has not committed a ... the prosecutor and trial judge considered the factors enumerated under N.J.S.A. 2C:43-12(e), concluding the aggravating factors outweighed the mitigating factors. We ...

docket:	a0495-17
court:	NJ Superior Court Appellate Division
decided:	2019-04-09
status:	Unpublished
citation:
Document Size:	26770

258 STATE OF NEW JERSEY v. CUPERTINO GARCIA -- rank: 534

... program for the following reason: The nature of the offense, [ N.J.S.A. ] 2C:43-12(e)(1): The defendant has been living illegally in the ... rehabilitation, in addition to the nature of the offense. See N.J.S.A. 2C:43-12(e); R. 3:28; Nwobu , supra , 139 N.J. at ... decision to admit into, or deny PTI. See, e.g. , N.J.S.A. 2C:43-12(e)(8)-(13) (including "the extent to which the applicant ...

docket:	a5275-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-02
status:	unpublished
citation:
Document Size:	14081

259 STATE OF NEW JERSEY v. NEAL POMPER -- rank: 534

... as the procedures concerning the program, are set forth in N.J.S.A. 2C:43-12 to -22 and Rule 3:28. If a defendant chooses ...

docket:	a3969-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-05
status:	unpublished
citation:
Document Size:	52323

260 STATE OF NEW JERSEY v. DIANNA M. STEWART -- rank: 531

... Admission to PTI is governed, in general, by both statute, N.J.S.A. 2C:43-12, and court rule. R. 3:28; see Guidelines, supra . The ...

docket:	a6684-04
court:	njappellate
decided:	2007-01-22
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	31900

261 /usr/local/share/www/libweb/collections/courts/appellate/a5194-08a5541-08.opn.html -- rank: 528

... the offense as one of the factors set forth in N.J.S.A. 2C:43-12(e), the letter recited the following: The distribution of drugs ...

docket:
court:	superior court appellate division
decided:
status:
citation:
Document Size:	24012

262 STATE OF NEW JERSEY v. SINDAD ANSARI -- rank: 528

... the offense as one of the factors set forth in N.J.S.A. 2C:43-12(e), the letter recited the following: The distribution of drugs ...

docket:	a4978-09
court:	superior court appellate division
decided:	2010-12-28
status:	Unpublished
citation:
Document Size:	24614

263 STATE OF NEW JERSEY v. DENNIS T. CLIVER -- rank: 528

... New Jersey (the Guidelines), Rule 3:28, as well as N.J.S.A. 2C:43-12. The prosecutor also cited the 'strong oppos[ition]' the victim ... PTI application is based on the criteria set forth in N.J.S.A. 2C:43-12(e) as well as those found in Rule 3:28 ... degree crime[.]' R. 3:28-5(b)(2); see also N.J.S.A. 2C:43- 12(g)(3). The prosecutor's withholding of consent and an ... Of further importance is that '[i]n nearly identical language, N.J.S.A. 2C:43-12(e) and Rule 3:28-4(c) require prosecutors . . . to ...

docket:	a0150-19
court:	NJ Superior Court Appellate Division
decided:	2020-03-20
status:	Unpublished
citation:
Document Size:	20232

264 STATE OF NEW JERSEY v. KEPHINE OGUTA -- rank: 528

... 1995). The program is governed by statute and court rule. N.J.S.A. 2C:43-12; R. 3:28-1 to -10. ' N.J.S.A. 2C:43-12(e) sets forth a list of seventeen nonexclusive factors that ...

docket:	a2598-19
court:	NJ Superior Court Appellate Division
decided:	2021-06-17
status:	Published
citation:
Document Size:	26128

265 STATE OF NEW JERSEY v. JAMONT SESSOMS -- rank: 525

... into the Pre-Trial Intervention (PTI) program established pursuant to N.J.S.A. 2C:43-12 and Rule 3:28, and ordering defendant's enrollment into ... did not discuss each of the seventeen PTI factors under N.J.S.A. 2C:43-12(e) and, in a footnote, observed that the prosecutor had ... 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 ...

docket:	a4374-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-24
status:	unpublished
citation:
Document Size:	27463

266 STATE OF NEW JERSEY v. OSAMEDE EWEKA -- rank: 525

... 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 ... claim, the prosecutor considered all relevant factors set forth in N.J.S.A. 2C:43-12 and Rule 3:28. Consequently, we conclude based upon the ...

docket:	a0652-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-31
status:	unpublished
citation:
Document Size:	21088

267 STATE OF NEW JERSEY VS BRIAN C. SCHROTH -- rank: 525

... the counts charged defendant with third-degree possession of cocaine. N.J.S.A. 2C:43-12 to -21. It authorizes the Supreme Court to adopt rules ...

docket:	a4179-95
court:	njappellate
decided:	1997-04-01
status:	published
citation:	299 N.J.Super. 242
Document Size:	11387

268 STATE OF NEW JERSEY v. O.M. -- rank: 525

... was wrongfully denied admission into the Pretrial Intervention (PTI) program, N.J.S.A. 2C:43-12 to -22, and that his sentence was excessive. We affirm ... not consider all of the relevant statutory factors enumerated in N.J.S.A. 2C:43-12(e) and the Guidelines in Rule 3:28, improperly discriminated ... would be unable to pay restitution. PTI is codified in N.J.S.A. 2C:43-12 and implemented under Rule 3:28. The program is discretionary ... Ibid. Here, the prosecutor considered the facts of the case. N.J.S.A. 2C:43-12(e)(2). The prosecutor rejected the application because defendant violated ...

docket:	a6196-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-15
status:	unpublished
citation:
Document Size:	18307

269 STATE OF NEW JERSEY v. DAVID A. CASTRO -- rank: 525

... factors' in reaching her determination. She considered aggravating factors under N.J.S.A. 2C:43-12(e), concluding the nature of the offense 'weigh[ed] heavily ... State v. Watkins, 193 N.J. 507, 520 (2008)); see N.J.S.A. 2C:43-12(e)(1) to (17). The prosecutor is to make an ... We are satisfied the prosecutor considered all the factors under N.J.S.A. 2C:43-12(e), addressing those that were relevant to this case. Even ...

docket:	a0801-19
court:	NJ Superior Court Appellate Division
decided:	2020-11-24
status:	Unpublished
citation:
Document Size:	14513

270 STATE OF NEW JERSEY v. MARJORIE D. DALEY -- rank: 525

... found five of the seventeen nonexclusive criteria set forth in N.J.S.A. 2C:43-12(e) were relevant to her decision: the 'nature of the ... the record on appeal. See R. 3:28-3(d); N.J.S.A. 2C:43-12(c). A-3959-18T2 3 The prosecutor detailed her reasons ... employability. Without specifically citing the statutory criteria set forth in N.J.S.A. 2C:43-12(e), the judge determined certain factors were absent here: forfeited ...

docket:	a3959-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-02
status:	Unpublished
citation:
Document Size:	22849