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91 A-0STATE OF NEW JERSEY v. DECORDIVA WILLIAMS May 14 2014 -- rank: 697

... prosecutor's rejection was substantially based upon a misapplication of N.J.S.A. 2C:43-12(g) and a misunderstanding of defendant's burden in proving ... we disagree with defendant's argument that the prosecutor misapplied N.J.S.A. 2C:43-12(g) and his reliance upon State v. McKeon , 385 N ... Realty v. Twp. Comm. , 140 N.J. 366 , 378 (1995). N.J.S.A. 2C:43-12(g), provides: "Supervisory treatment may occur only once with respect ... at 569. We additionally held that the Legislature, in enacting N.J.S.A. 2C:43-12(g) did not intend to "bar an otherwise eligible defendant ...

docket:	a1677-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-14
status:	unpublished
citation:
Document Size:	18391

92 /usr/local/share/www/libweb/collections/courts/appellate/a2610-17.opn.html -- rank: 697

... thereafter applied for admission to the pretrial intervention (PTI) program. N.J.S.A. 2C:43-12; R. 3:28-1 to -10. On January 4, 2017 ...

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court:
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93 STATE OF NEW JERSEY v. JESSICA D. NUSBAUM -- rank: 692

... Admission to PTI is governed, in general, by both statute, N.J.S.A. 2C:43-12 to -22, and court rule, Rule 3:28. See Guidelines ...

docket:	a3094-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-05
status:	unpublished
citation:
Document Size:	20526

94 STATE OF NEW JERSEY v. ELIAS BENITEZ -- rank: 692

... victimless' crime," citing Rule 3:28, Guideline 1(c). Citing N.J.S.A. 2C:43-12(e)(3), he noted the "disparity in age[] and power ... that the victim did not wish "'to forego prosecution,'" quoting N.J.S.A. 2C:43-12(e)(4). Quoting Guideline 3(i)(3), the prosecutor further ... her not to tell anyone about the incident. Lastly, quoting N.J.S.A. 2C:43-12(e)(7), the prosecutor claimed "the needs and interests of ... that the prosecutor considered a multitude of factors contained in N.J.S.A. 2C:43-12(e). For example, he considered the nature of the offense ... whether the crime was assaultive or violent in nature. See N.J.S.A. 2C:43-12(e)(1), (2), (3), (4), (5), (7), and (10). 3 ... past, and a lack of involvement in organized crime. See N.J.S.A. 2C:43-12(e)(8), (9), (12), and (13). Defendant contends that ...

docket:	a1102-09
court:	NJ Superior Court Appellate Division
decided:	2010-11-29
status:	unpublished
citation:
Document Size:	27661

95 STATE OF NEW JERSEY v. MATTHEW DRUMMOND -- rank: 692

... order denying him admission into the pretrial intervention (PTI) program, N.J.S.A. 2C:43-12 to -22 and Rule 3:28. The judge denied the ... further cited to factors one, two, fourteen, and seventeen1 of N.J.S.A. 2C:43-12(e) in support of the decision to deny defendant admission ... to 1 Factor one is the nature of the offense, N.J.S.A. 2C:43-12(e)(1); factor two is the facts of the case, N.J.S.A. 2C:43-12(e)(2); factor fourteen is whether the crime demands prosecution over supervisory treatment, N.J.S.A. 2C:43-12(e)(14); factor seventeen is whether the harm caused by abandoning prosecution would outweigh benefits of supervisory treatment, N.J.S.A. 2C:43-12(e)(17). 3 A-2565-16T1 install the interlock ...

docket:	a2565-16
court:	NJ Superior Court Appellate Division
decided:	2018-09-05
status:	Unpublished
citation:
Document Size:	15077

96 STATE OF NEW JERSEY v. THOMAS J. BUNTING -- rank: 692

... denied defendant's application for admission into PTI, citing to N.J.S.A. 2C:43-12(e)(8), because the offense constituted part of a continuing ... applicant's 'amenability to correction' and potential 'responsiveness to rehabilitation.' N.J.S.A. 2C:43-12(b); Nwobu, 139 N.J. at 246; State v. Sutton ... required to consider a non-exhaustive list of seventeen factors. N.J.S.A. 2C:43-12(c); State v. Watkins, 193 7 A-0132-16T 4 ... application, the prosecutor must provide a clear statement of reasons. N.J.S.A. 2C:43-12(f). However, it suffices for the prosecutor to 'note the ... judge that the State extensively considered the factors enumerated in N.J.S.A. 2C:43-12(e), specifically (1) through (6), (8), (11), and (17). Furthermore ...

docket:	a0132-16
court:	NJ Superior Court Appellate Division
decided:	2018-04-23
status:	unpublished
citation:
Document Size:	33464

97 STATE OF NEW JERSEY v. FILIPPO G. TABILE -- rank: 686

... qualitative and quantitative basis, each of the seventeen factors under N.J.S.A. 2C:43-12(e). They found ten factors weighed against defendant's admission ... conducting a 'thorough analysis' of all of the factors under N.J.S.A. 2C:43-12. After denial of the motion, defendant pled guilty to second ... N.J. 236, 240 (1995)). The program is governed by N.J.S.A. 2C:43-12 and Rule 3:28. ' N.J.S.A. 2C:43- 12(e) sets forth a list of seventeen nonexclusive factors that ... for prosecutors to consider the nature of the offense. See N.J.S.A. 2C:43-12(e)(1); R. 3:28-4(b)(1). 'If the ...

docket:	a3224-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-30
status:	Unpublished
citation:
Document Size:	21131

98 STATE OF NEW JERSEY v. M.L. -- rank: 686

... defendant was not a viable candidate based on the following N.J.S.A. 2C:43-12(e) factors: (1) "nature of the offense;" (2) "facts of ... be a "suicidal episode" and determined that thirteen of the N.J.S.A. 2C:43-12(e) factors weighed in favor of defendant, while only three ... 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 ...

docket:	a5969-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-20
status:	unpublished
citation:
Document Size:	24045

99 STATE OF NEW JERSEY v. KYLE A. HICKMAN -- rank: 683

... for enrollment in the Pretrial Intervention Program (PTI), pursuant to N.J.S.A. 2C:43-12 to -14 and Rule 3:28. We affirm. On October ... to admission, 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 ... s application because of four of the factors listed under N.J.S.A. 2C:43-12(e), which are identified here by their statutory subsection numbers ... prosecutor failed to take into consideration other relevant factors under N.J.S.A. 2C:43-12(e), namely, the age and motivation of defendant, the fact ... or supervisory treatment would do less harm to society. See N.J.S.A. 2C:43-12(e)(3), (5), (6), (11), (17). However, the fact that ...

docket:	a0152-12
court:	NJ Superior Court Appellate Division
decided:	2013-08-02
status:	unpublished
citation:
Document Size:	16267

100 STATE OF NEW JERSEY v. -- rank: 683

... R. 2:11-3(e)(2). We add the following. N.J.S.A. 2C:43-12 and Rule 3:28 with its accompanying guidelines set forth ... considered the facts of this particular incident, as permitted by N.J.S.A. 2C:43-12(e)(2) and Guideline 3(i) to Rule 3:28 ... defendant's prior record, even though minimal, was permitted by N.J.S.A. 2C:43-12(e), and not improper, illogical or unsupported by the facts ... prosecutor's consideration of defendant's motivation was permitted by N.J.S.A. 2C:43-12(e)(3) and "logical[ly] and rationally based upon the ...

docket:	a6276-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-27
status:	unpublished
citation:
Document Size:	18560

101 STATE OF NEW JERSEY VS. GEORGE J. PIECH -- rank: 683

... not conduct the required analysis of the statutory factors under N.J.S.A. 2C:43-12(e), we vacate and remand for the State to provide ... relevant factors set forth in the PTI Guidelines and in N.J.S.A. 2C:43-12' would establish 'compelling case- specific reasons to overcome the presumption ... the [PTI] Program as delineated in A-2920-22 3 N.J.S.A. 2C:43-12 and Rule 3:28-1 et seq. The fact that ... Rule 3:28, along with consideration of factors listed in N.J.S.A. 2C:43-12(e).' Roseman, 221 N.J. at 621 (citations reformatted). 'Additionally ... 621-22 (quoting Watkins, 193 N.J. at 520). Under N.J.S.A. 2C:43-12(f), Each applicant for supervisory treatment shall be entitled to ... of the relevant factors in the PTI Guidelines and in N.J.S.A. 2C:43-12 to determine whether compelling case-specific reasons overcome the ...

docket:	a2920-22
court:	appellate
decided:	2024-08-01
status:	Unpublished
citation:
Document Size:	21593

102 STATE OF NEW JERSEY v. RYAN NEFF -- rank: 683

... complete community service; and none of the seventeen factors in N.J.S.A. 2C:43-12 provided a reason for rejection. The prosecutor on October 30 ... question of law and thus review is plenary). In enacting N.J.S.A. 2C:43-12, the Legislature established the policy governing PTI and the reasons ... The record does not establish the date of this meeting. N.J.S.A. 2C:43-12 governs PTI and the cited subsection provides: e. Referral. At ...

docket:	a2360-08
court:	NJ Superior Court Appellate Division
decided:	2009-10-16
status:	unpublished
citation:
Document Size:	52274

103 STATE OF NEW JERSEY VS. QUASHAWN D. SHIVERS -- rank: 681

... to include a complete analysis of the statutory factors under N.J.S.A. 2C:43-12(e). The State issued a supplemental letter noting it did ... noted its objection was based upon the statutory criteria in N.J.S.A. 2C:43-12(e)(1) to (17) and specifically contended the following factors ... shows the prosecutor considered all appropriate statutory factors pursuant to N.J.S.A. 2C:43-12(e), including that defendant had threatened to kill the victim ...

docket:	a1988-21
court:	appellate
decided:	2024-04-10
status:	Unpublished
citation:
Document Size:	28480

104 State of New Jersey v. Mylee Cottle -- rank: 681

... Olitsky into PTI for a period of three years. See N.J.S.A. 2C:43-12 and -13; R. 3:28. PTI is a statewide program ... rehabilitative treatment for a period not to exceed three years. N.J.S.A. 2C:43-12(a) and -13(c). If a defendant successfully completes the ... successfully fulfilled all of the conditions of his enrollment. See N.J.S.A. 2C:43-12(e), -13(b), and -13(d); R. 3:28(b ...

docket:	a-111-06
court:
decided:	2008-05-06
status:
citation:	194 N.J. 449
Document Size:	111793

105 STATE OF NEW JERSEY v. KRISTA F. SELIG -- rank: 681

... and the effect on the prosecution of her co-defendants. N.J.S.A. 2C:43-12(e)(3), (7), (16). We do not consider those additional ...

docket:	a5443-12
court:	NJ Superior Court Appellate Division
decided:	2015-03-04
status:	unpublished
citation:
Document Size:	31275