On appeal from the Superior Court of New Jersey, Law Division, Burlington County, Indictment No. 08-09-1008.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued September 20, 2010
Before Judges Lisa and Sabatino.
Defendant was the subject of a nine-count indictment charging him with: second-degree health care claims fraud (non-practitioner), N.J.S.A. 2C:21-4.3c (count one); third-degree theft by deception, N.J.S.A. 2C:20-4, N.J.S.A. 2C:20-2b(4), and N.J.S.A. 2C:2-6 (count two); third-degree attempted theft by deception, N.J.S.A. 2C:5-1, N.J.S.A. 2C:20-4, N.J.S.A. 2C:20-2b(4), and N.J.S.A. 2C:2-6 (count three); two counts of fourth-degree forgery, N.J.S.A. 2C:21-1a(3) (counts four and five); and four counts of falsifying records, N.J.S.A. 2C:21-4a (counts six, seven, eight and nine). Defendant's application for admission into the pre-trial intervention program (PTI) was rejected, and the court denied his appeal of that rejection. Defendant then moved to dismiss the indictment, and the motion was denied. Pursuant to a plea agreement, defendant then pled guilty to count nine. In accordance with the plea agreement, he was sentenced to one-year probation and ordered to pay $898.17 in restitution to Allstate Insurance Company (Allstate), and the other eight counts were dismissed.*fn1
On appeal, defendant argues:
THE PROSECUTOR'S RELIANCE ON ERRONEOUS LAW AND FACTS WAS SUFFICIENT GROUNDS TO DISMISS THE INDICTMENT.
THE ASSISTANT ATTORNEY GENERAL DEPRIVED THE DEFENDANT OF A FAIR HEARING BEFORE THE GRAND JURY.
DEFENDANT'S ALLOCUTION BEFORE THE COURT ON SEPTEMBER 17, 2009 DID NOT COMPRISE A VIOLATION OF N.J.S.A. 2C:21-4a.
SIMONE WAS IMPROPERLY DENIED ENTRY INTO THE PRETRIAL ...