State v. Moraes-Pena

The opinion of the court was delivered by

STERN, P.J.A.D.

This is an appeal by the State, pursuant to R. 3:28(f),1 from an *571order enrolling defendant into the Pretrial Intervention Program (PTI) in Union County over the prosecutor’s objection in a case involving indictable charges of third-degree assault by auto while intoxicated and fourth-degree assault by auto — leaving the scene of an accident. The enrollment was ordered after defendant’s entry of a guilty plea to an accusation charging assault by auto while intoxicated in violation of N.J.S.A. 2C:12-1c(2).

On this appeal the State argues:

POIN…