On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 07-03-0565.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted November 4, 2009
Before Judges Grall and LeWinn.
Defendant was indicted for third-degree possession of controlled dangerous substances (CDS) (marijuana and eleven tablets of Ecstasy), in violation of N.J.S.A. 2C:35-10(a)(1).
He applied for admission into the Pretrial Intervention program (PTI) pursuant to N.J.S.A. 2C:43-12. The Prosecutor's Office recommended against his admission into PTI, and defendant appealed that decision. The trial judge affirmed the Prosecutor's rejection of defendant from the program. Defendant thereupon entered a plea of guilty to the indictment and was subsequently sentenced to a term of probation for one year.
Defendant now appeals from the trial judge's decision. For the reasons that follow, we affirm.
N.J.S.A. 2C:43-12(e) sets forth the standards governing admission to PTI as follows:
At any time prior to trial but after the filing of a criminal complaint, . . . or the return of an indictment, with the consent of the prosecutor and upon written recommendation of the program director, the assignment judge or a judge designated by him may postpone all further proceedings against an applicant and refer said applicant to a program of supervisory treatment approved by the Supreme Court. Prosecutors and program directors shall consider in formulating their recommendation of an applicant's participation in a supervisory treatment program, among others, the following criteria:
(1) The nature of the offense;
(2) The facts of the case;
(3) The motivation and age of the defendant;
(4) The desire of the complainant or victim to forego prosecution;
(5) The existence of personal problems and character traits which may be related to the applicant's crime and for which services are unavailable within the criminal justice system, or which may be provided more effectively through supervisory treatment and the probability that ...