State v. Smith

The opinion of the Court was delivered by

O’HERN, J.

We granted leave to appeal to consider what effect the weight of the evidence of guilt should have on an application for admission to pretrial intervention (PTI). We hold that, although the nature of the offense is one of the multiple factors that a program director or prosecutor may consider, a court may not reverse an otherwise well-founded PTI decision because of the insufficiency of evidence of guilt. Accordingly, we reverse the judgment below admitting the defendant to PTI.

Following surveillance of activities at 357 Highland Avenue,…