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State v. Frazier

October 1, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
GABRIELLE NICOLE FRAZIER, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Somerset County, Indictment No. 07-03-0172.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 23, 2009

Before Judges Axelrad and Espinosa.

Defendant Gabrielle Nicole Frazier was indicted for theft, N.J.S.A. 2C:20-3. Her application for admission into the Somerset County Pretrial Intervention (PTI) Program was rejected by the PTI Director, a decision with which the prosecutor agreed. She appeals from the trial court's denial of her appeal from that decision. We affirm.

Defendant was employed as a cashier at Sears. Her employer launched an internal investigation of her in December 2006 after her register receipts were short on more than one occasion. The loss prevention manager reviewed the in-house surveillance system for the dates that defendant's receipts were short and observed her taking money from the register and placing it in her pocket. The investigation revealed that defendant stole a total of $2400 from registers as follows:

December 1, 2006: $451 men's department

$332 men's department (separate register)

December 15, 2006: $434 men's department

December 20, 2006 $588 men's department $595 children's department

When confronted with the evidence against her and after being advised of her rights, defendant admitted taking money from the register and apologized.

Defendant applied for admission into the PTI program. She was twenty years old. She had no prior criminal record as an adult but had been charged with shoplifting as a juvenile. The shoplifting charge was dismissed after she fulfilled obligations imposed pursuant to a Juvenile Conference Committee disposition. Defendant also had "a PTI-type disposition" in 2005 in Maryland for charges arising from an arrest for assault, malicious destruction of property, riot, disorderly conduct, disturbing the peace and stalking.

On May 17, 2007, defendant's application was rejected by the PTI director. The form reflected the following reason for the rejection:

The crime or crimes defendant is charged with constitute part of a continuing pattern of antisocial behavior or the defendant has a record of criminal and penal violations and presents a substantial danger to ...


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