Search Rutgers Law Library N.J. Court Opinions

31 STATE OF NEW JERSEY v. AMR M. ELSOBKY -- rank: 811

... standard of review. III. The PTI program is governed by N.J.S.A. 2C:43-12 to -22 (the Act), Rule 3:28, and the Guidelines ... PTI are primarily set forth in Guideline 3 and in N.J.S.A. 2C:43-12(e) of the Act. Here, the prosecutor cited several bases ... First, the prosecutor cited "[t]he nature of the offense." N.J.S.A. 2C:43-12(e)(1). Defendant conceded, and the court found, this factor ... factor to consider in deciding whether to grant PTI. See N.J.S.A. 2C:43-12(e)(6), (14). The prosecutor also appropriately relied on the presumption arising from this second-degree offense, N.J.S.A. 2C:43-12(e)(1), and on the general importance of prosecuting and deterring gun possession without a permit, see N.J.S.A. 2C:43-12(e)(7), (17). The trial court found all of ...

docket:	a5222-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-01-30
status:	Published
citation:
Document Size:	44746

32 STATE OF NEW JERSEY v. JEFFREY J. JONES -- rank: 809

... for PTI based on the nature of the offenses charged, N.J.S.A. 2C:43-12(e)(1), the facts of the case, N.J.S.A. 2C:43-12(e)(2), the motivation and age of defendant, N.J ... 3), the needs and interests of the victim and society, N.J.S.A. 2C:43- 12(e)(7), the value of supervisory treatment would be outweighed by the public need for prosecution, N.J.S.A. 2C:43-12(e)(14), defendant's participation would adversely affect the prosecution of Francis, N.J.S.A. 2C:43-12(e)(16), and the harm done to society by abandoning criminal prosecution would outweigh the benefit to society, N.J.S.A. 2C:43-12(e)(17). The prosecutor afforded 'positive weight to the ...

docket:	a5488-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-13
status:	Unpublished
citation:
Document Size:	24961

33 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 STATE OF NEW JERSEY v. DAVON M. JOHNSON -- rank: 806

... and discussed the following factors: 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 interests of the victim and society, N.J.S.A. 2C:43- 12(e)(7); whether or not the crime is of such ... treatment would be outweighed by the public need for prosecution, N.J.S.A. 2C:43-12(e)(14); 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 discussing the nature of the offense, the ... s potential for rehabilitation: the motivation and age of defendant, N.J.S.A. 2C:43-12(e)(3); defendant had 'no prior criminal record of ...

docket:	a0625-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-02
status:	unpublished
citation:
Document Size:	53867

34 STATE OF NEW JERSEY v. BENITO LUNA -- rank: 803

... defendant's application for PTI based upon an evaluation of N.J.S.A. 2C:43-12 ( e)(3) (factor three), namely, the motivation and age of ... rejection was premised on the following factors set forth in N.J.S.A. 2C:43-12 ( e): the nature of the offense, N.J.S.A. 2C:43-12 ( e)(1) (factor one); the facts of the case, N.J.S.A. 2C:43-12 ( e)(2) (factor two); the needs and interests of the victim and society, N.J.S.A. 2C:43-12 ( e)(7) (factor seven); whether or not the crime is ... itself or in the possible injurious consequences of such behavior, N.J.S.A. 2C:43-12(e)(10) (factor ten); and whether or not the ...

docket:	a5773-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-08
status:	unpublished
citation:
Document Size:	22836

35 STATE OF NEW JERSEY v. CHRISTINE CHANSKY -- rank: 801

... on the following additional factors: the nature of the offense, N.J.S.A. 2C:43-12(e)(1) (factor one); the facts of the case, N.J.S.A. 2C:43-12(e)(2) (factor two); the needs and interests of the victim and society, N.J.S.A. 2C:43-12(e)(7) (factor seven); the extent to which defendant's ... constitutes part of a continuing pattern of anti-social behavior, N.J.S.A. 2C:43- 12(e)(8) (factor eight); whether or not the crimes are ... supervisory treatment is outweighed by the public need for prosecution, N.J.S.A. 2C:43-12(e)(14) (factor fourteen); and whether or not the harm ... society from channeling an offender into a supervisory treatment program, N.J.S.A. 2C:43-12(e)(17) (factor seventeen). 7 A-2101-16T1 In ...

docket:	a2101-16
court:	NJ Superior Court Appellate Division
decided:	2018-04-11
status:	unpublished
citation:
Document Size:	52325

36 STATE OF NEW JERSEY v. SARA GRAVE -- rank: 801

... correction, responsiveness to rehabilitation and the nature of the offense." N.J.S.A. 2C:43-12(b). It also requires that "[t]he decision and reasons ... shall be reduced to writing and disclosed to the applicant." N.J.S.A. 2C:43-12(c). Furthermore, [e]ach applicant for supervisory treatment shall be ... application is based and the reasons offered for the denial. [ N.J.S.A. 2C:43-12(f).] A trial judge's conclusion that the State did ... Hoffman , 399 N.J. Super. 207 , 215 (App. Div. 2008). N.J.S.A. 2C:43-12(e) lists seventeen factors that prosecutors "shall consider in formulating ... crime is of an assaultive or violent nature (factor ten). N.J.S.A. 2C:43-12(e)(1),(2),(7),(10). He further argues that the ... specified in both the statute and our Rules of Court. N.J.S.A. 2C:43-12(e); Guideline 3(i), supra , at 1126. In this ...

docket:	a4575-12
court:	New Jersey Superior Court Appellate Division
decided:	2013-11-26
status:	Published
citation:
Document Size:	31442

37 STATE OF NEW JERSEY v. C.H -- rank: 798

... upon the Prosecutor to consider the criteria set forth in N.J.S.A. 2C:43-12(a) through (e), together with the complimentary guidelines found in ... as follows: 1.) The motivation and age of the defendant ( N.J.S.A. 2C:43-12(e)(3)); the nature of the offense and the facts of the case ( N.J.S.A. 2C:43-12(e)(1)-(2)); and the extent to which the applicant ... constitutes part of a continuing pattern of anti-social behavior ( N.J.S.A. 2C:43-12(e)(8)[.] At the time of this offense the defendant ... period of time. 2.) The needs and interest of society ( N.J.S.A. 2C:43-12(e)(7)); the crime committed is of such a nature ... for prosecution outweighs the value of PTI for this defendant ( N.J.S.A. 2C:43-12(e)(14)); and whether or not the harm done ...

docket:	a1956-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	27697

38 STATE OF NEW JERSEY v. LEONARD COLEMAN -- rank: 795

... 225 (2002) (citations omitted). The PTI program is governed by N.J.S.A. 2C:43-12 to -22 (the Act), Rule 3:28, and the Guidelines ... eligible defendants the opportunity to avoid ordinary prosecution and sanctions. N.J.S.A. 2C:43-12(a)(1)-(2). If accepted, their charges may be placed ... criteria for the PTI Program are primarily set forth in N.J.S.A. 2C:43-12(e) and Guideline 3. One of the key considerations is "the nature of the offense." See N.J.S.A. 2C:43-12(b), (e)(1). Guideline 3(i) provides that in assessing ... after indictment," R. 3:28(h) and "prior to trial," N.J.S.A. 2C:43-12(e). See State v. Frangione , 369 N.J. Super. 258 ... to reduce "criminal calendars," and to save "criminal justice resources." N.J.S.A. 2C:43-12(a)(1)-(4); Pressler & Verniero, supra , Official Comment to ...

docket:	a4264-11
court:	NJ Superior Court Appellate Division
decided:	2014-03-14
status:	unpublished
citation:
Document Size:	28347

39 STATE OF NEW JERSEY v. JOSEPH P. BLANC -- rank: 792

... s application based on a review of the criteria in N.J.S.A. 2C:43-12(e). With respect to factors one and two,1 nature ... rejection letter alleged that the charges against defendant were 1 N.J.S.A. 2C:43-12(e)(1) and (2). A-0896-17T2 3 based on ... had not shown sufficient effort to 'effect any behavior change.' N.J.S.A. 2C:43-12(e)(3). The robbery victim did not take a position ... a strong societal need to deter' this type of crime. N.J.S.A. 2C:43-12(e)(4). Defendant did not appear to have personal problems or character traits for which services were unavailable. N.J.S.A. 2C:43-12(e) (5) and (6). The prosecutor considered defendant's minimal ... in 2012 but the disposition of that charge was unknown. N.J.S.A. 2C:43-12(e) (8) and (9). Defendant's charges did not ...

docket:	a0896-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-06
status:	Unpublished
citation:
Document Size:	22562

40 STATE OF NEW JERSEY v. PHILIP LEONE -- rank: 792

... plea judge explaining the reasons for Leone's rejection, citing N.J.S.A. 2C:43-12(e)(2) (facts of the case); N.J.S.A. 2C:43-12(e)(4) and (7) (desire and interests of the victims and society regarding prosecution); and N.J.S.A. 2C:43-12(e)(17) (balancing the need for prosecution against the benefits ... supplemental memorandum, which considered each of the factors established by N.J.S.A. 2C:43-12(e), on September 16. The prosecutor again rejected Leone's ... society from channeling an offender into a supervisory treatment program. [ N.J.S.A. 2C:43-12(e).] At the request of the motion judge, the State ... not rely on any of the negative factors found in N.J.S.A. 2C:43-12(e)(8), (10), (11), (12), (13), (15), and (16). ...

docket:	a1151-13
court:	NJ Superior Court Appellate Division
decided:	2014-04-03
status:	unpublished
citation:
Document Size:	30095

41 A-0STATE OF NEW JERSEY v. JAMES J. SAUNDERS, IV a/k/a JAIME SAUNDERS -- rank: 790

... same reasons," "[a]fter considering the criteria set forth in N.J.S.A. 2C:43-12 and [ Rule ] 3:28." Defendant appealed his PTI rejection to ... included a brief analysis of the seventeen statutory PTI criteria, N.J.S.A. 2C:43-12(e). In arguing that defendant was not an appropriate candidate ... the State primarily relied on the "nature of the offense," N.J.S.A. 2C:43-12(e)(1), and the "facts of the case," N.J.S.A. 2C:43-12(e)(2). Additionally, the prosecutor cited N.J.S.A. 2C:43-12(e)(10), the "assaultive or violent nature" of the offense or "its possible injurious consequences," N.J.S.A. 2C:43-12(e)(11), whether "prosecution would exacerbate the social problem ...

docket:	a4136-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-15
status:	unpublished
citation:
Document Size:	24923

42 /usr/local/share/www/libweb/collections/courts/appellate/a2951-16.opn.html -- rank: 790

... Rule 3:28, along with consideration of factors listed in N.J.S.A. 2C:43-12(e).' Ibid. The decision to admit a defendant to PTI ... the State failed to consider all of the factors of N.J.S.A. 2C:43-12, which constituted 'a patent and gross abuse of discretion' by ... prosecutor. Specifically, defendant claims the State did not adequately assess N.J.S.A. 2C:43-12(e)(3), (5), (6), (7), and (11). Instead, defendant argues the State improperly considered N.J.S.A. 2C:43-12(e)(1), (2), (4), (8), and (9), and gave no justification for its consideration of N.J.S.A. 2C:43-12(e)(14) and (17). Finally, defendant claims the State failed to consider his motivation to participate in PTI. N.J.S.A. 2C:43-12(e) states, in relevant part: 5 A-2951-16T1 ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	22837

43 /usr/local/share/www/libweb/collections/courts/appellate/a1499-20.opn.html -- rank: 790

... prosecute individuals who put our public at such grave risk. N.J.S.A. 2C:43-12(14). See State v. Seyler, 323 N.J. Super. 360 ... the State properly considered the appropriate statutory factors outlined in N.J.S.A. 2C:43-12 when it rejected defendant's application. The judge explained that ... 11 Defendant first maintains the court should have considered factors N.J.S.A. 2C:43-12(e)(9), (12) and (13), as she had no prior ... violent' or involved other crimes, the court should have considered N.J.S.A. 2C:43-12(e)(8), (10), and (15). Third, she contends as her ... was found in her home, the prosecutor erred in concluding N.J.S.A. 2C:43-12(e)(2) supported denial of her application. Fourth, defendant argues that N.J.S.A. 2C:43-12(e)(7), (14), and (17) supported her admission into ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	29267

44 STATE OF NEW JERSEY VS. CHRISTOPHER W. HEDDY, ET AL. -- rank: 787

... through three, five through eight, ten, fourteen, and seventeen of N.J.S.A. 2C:43-12(e) as weighing against his admission into PTI. The State ... one through three, five through eight, ten, and fourteen of N.J.S.A. 2C:43-12(e) as weighing against his admission into PTI. Defendants appealed ... of a continuing pattern of anti-social behavior.'' Ibid. (quoting N.J.S.A. 2C:43- 12(e)). '[W]hether to admit a particular defendant into PTI ... responsiveness to rehabilitation,' Watkins, 193 N.J. at 520 (quoting N.J.S.A. 2C:43-12(b)). In making that assessment, prosecutors must consider seventeen non-exclusive factors listed in N.J.S.A. 2C:43-12(e) and additional factors regarding the nature of the offense ... reform through the PTI program.' Specifically addressing the factors under N.J.S.A. 2C:43-12(e), Heddy contends the State inappropriately found as weighing ...

docket:	a0299-22a0300-22
court:	appellate
decided:	2024-04-05
status:	Unpublished
citation:
Document Size:	40215

45 STATE OF NEW JERSEY v. STEPHEN J. VITKOW -- rank: 787

... while defendant was accepted into the Pretrial Intervention Program (PTI), N.J.S.A. 2C:43-12 to -14 and Rule 3:28. While under PTI supervision ...

docket:	a3290-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-12
status:	unpublished
citation:
Document Size:	29175