State v. Dalglish

The opinion of the Court was delivered by

PASHMAN, J.

In State v. Leonardis, 73 N.J. 360 (1977) (Leonardis II), this Court enunciated the standard of review of prosecutorial decisions denying admission into pretrial intervention (PTI) programs created under R. 3:28. We held that a defendant must “clearly and convincingly establish that the prosecutor’s refusal to sanction admission into the program was based on a patent and gross abuse of his discretion” before a court may order his enrollment in a PTI program without prosecutorial consent. Id. at 382. Subsequently the legislature enacted a…