STATE OF NEW JERSEY VS. ALFRED W. COURSEY, III
A-1415-14T1
Pre-trial Intervention Guideline 3(i), which creates a presumption against admission to Pre-Trial Intervention for defendants charged with certain offenses, does not apply to third-degree or fourth-degree possession of marijuana with intent to distribute, N.J.S.A. 2C:35-5(b)(11), -5(b)(12). The prosecutor's rejection of defendant's PTI application based on a misapplication of Guideline 3(i) was a gross and patent abuse of discretion, requiring a remand to the prosecutor for reconsideration ab initio of defendant's PTI application.
