State v. Hermann

The opinion of the court was delivered by

Pashman, J.

In State v. Leonardis, 73 N. J. 360 (1977) (Leonardis II), we held that our trial courts possessed the power to order a defendant enrolled in a county pretrial intervention program (PTI) over the objections of the prosecutor if the defendant could “clearly and convincingly” demonstrate that the prosecutor’s veto constituted a “patent and gross abuse of his discretion.” Id. at 382. We also noted that in order that the goals underlying PTI not be subverted through wholesale diversions, prosecutorial decisions approving admission into the…