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State of New Jersey v. Lee M. Marchetti

January 12, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
LEE M. MARCHETTI, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 09-03-0656.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 14, 2010

Before Judges Graves and Waugh.

Defendant Lee Marchetti appeals from an order dated November 13, 2009, denying his motion for admission into a pretrial intervention (PTI) program. Despite a favorable recommendation by the PTI coordinator, the Monmouth County Prosecutor opposed defendant's application. Defendant contends that the prosecutor's decision to reject his PTI application was a patent and gross abuse of discretion. We do not agree.

On March 26, 2009, when he was eighteen years old, defendant pled guilty to third-degree terroristic threats in violation of N.J.S.A. 2C:12-3(b). In exchange for the plea, the State agreed to recommend a period of non-custodial probation with conditions. During the hearing, defendant testified as follows:

MR. LANE [DEFENDANT'S ATTORNEY:] . . . Mr. Marchetti, February 12th, 2009, were you in the Borough of Tinton Falls?

THE DEFENDANT: Yes.

MR. LANE: You wanted to rent a car that day; correct?

THE DEFENDANT: Yeah.

MR. LANE: And your mother wouldn't sign for you to rent a car; correct?

THE DEFENDANT: No.

MR. LANE: And you couldn't rent it by yourself because you were under the ...


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