State v. Maddocks

The opinion 'of the court was delivered by

Pashman, J.

As in State v. Bender, 80 N. J. 84 (1979), decided this day, this case requires us to pass upon the propriety of a prosecutorial decision rejecting a defendant’s application for enrollment into a county Pretrial Intervention Program. That is, we must decide whether the defendant here involved has “clearly and convincingly” established that the prosecutor’s veto constituted “a patent and gross abuse of his discretion.” State v. Leonardis, 73 N. J. 360, 382 (1977) (Leonardis II).

At the time of the incident to be described below, defendant was…