05-12-09 State of New Jersey v. Robert Dwayne Green
A-1892-07T4
It was error for the Criminal Division Manager to refuse
defendant the opportunity to submit an application for pre-trial
intervention. Pursuant to Rule 3:28 and the accompanying PTI
Guidelines, a defendant must be allowed to apply for PTI, even
if the application is unlikely to be granted due to the
prosecutor's opposition. Accordingly, we reversed the Law
Division order denying defendant's PTI appeal motion, and
remanded with direction that the Criminal Division Manager allow
defendant to submit an applicmerits of the application.
