State v. Wallace

The opinion of the Court was delivered by

HANDLER, J.

In this case, a county prosecutor denied a criminal defendant’s request for admission to a pre-trial intervention program. The Appellate Division reversed and remanded the case to the prosecutor for reconsideration.

We are once again called upon to address the issue of how much deference a court must afford the discretionary prosecutorial decision concerning the refusal to dismiss criminal charges and the refusal to admit a criminal defendant into a pre-trial intervention program.

I

At approximately 10:20 a.m. on Saturday June 5, 1993,…