State v. Baynes

The opinion of the Court was delivered by

GARIBALDI, J.

The Court again addresses whether a trial court correctly reversed a prosecutor’s rejection of a defendant’s admission into a Pretrial Intervention (PTI) Program. In particular, we must determine whether the Monmouth County prosecutor’s decision, based on his stated policy of denying admission into PTI to any defendant charged "with possession of a controlled dangerous substance within 1,000 feet of a school zone, constitutes a “patent and gross abuse of discretion.”

I

The facts of this ease are undisputed. On September 28, 1994, at…