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State v. Giorgio

October 3, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JOSEPH A. GIORGIO, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 06-10-2358.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued September 9, 2008

Before Judges Skillman and Graves.

Defendant Joseph Giorgio appeals from an order dated June 15, 2007, denying his motion for admission to a Pretrial Intervention (PTI) program over the objection of the PTI director and the Monmouth County Prosecutor's Office. We affirm.

In a four-count indictment, defendant was charged with second-degree aggravated assault for knowingly causing serious bodily injury to another, N.J.S.A. 2C:12-1(b)(1) (count one); third-degree aggravated assault for knowingly causing bodily injury to another with a deadly weapon (a baseball bat), N.J.S.A. 2C:12-1(b)(2), (count two); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d), (count three); and fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d), (count four). On January 29, 2007, defendant entered a guilty plea to count two. In return for defendant's guilty plea, the State agreed to recommend the dismissal of the remaining counts of the indictment and a non- custodial sentence. In addition, the State agreed it would not raise a procedural objection to defendant's PTI application.*fn1

During defendant's plea hearing, the following colloquy took place between the court and defendant:

Q: Knowing all those things, do you still wish to plead guilty?

A: Yes, sir.

Q: And are you guilty?

A: Yes, sir.

Q: What did you do?

A: Struck an individual in the head ...


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