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State v. Simone

September 30, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
RICHARD SIMONE, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Burlington County, Indictment No. 08-09-1008.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION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:

POINT I

THE PROSECUTOR'S RELIANCE ON ERRONEOUS LAW AND FACTS WAS SUFFICIENT GROUNDS TO DISMISS THE INDICTMENT.

POINT II

THE ASSISTANT ATTORNEY GENERAL DEPRIVED THE DEFENDANT OF A FAIR HEARING BEFORE THE GRAND JURY.

POINT III

DEFENDANT'S ALLOCUTION BEFORE THE COURT ON SEPTEMBER 17, 2009 DID NOT COMPRISE A VIOLATION OF N.J.S.A. 2C:21-4a.

POINT IV

SIMONE WAS IMPROPERLY DENIED ENTRY INTO THE PRETRIAL ...


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