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State v. Waters

Superior Court of New Jersey, Appellate Division

January 30, 2015

STATE OF NEW JERSEY, Plaintiff-Appellant,
v.
ANTWAIN T. WATERS, Defendant-Respondent

Submitted: September 8, 2014.

Approved for Publication January 30, 2015.

Page 694

[Copyrighted Material Omitted]

Page 695

On appeal from the Superior Court of New Jersey, Law Division, Bergen County, Indictment No. 13-02-00301.

John L. Molinelli, Bergen County Prosecutor, attorney for appellant ( Joseph W. Torre, Assistant Prosecutor, of counsel and on the brief).

Frank T. Luciano, P.C., attorneys for respondent ( Mr. Luciano, on the brief).

Before Judges SABATINO, SIMONELLI and LEONE.

OPINION

Page 696

[439 N.J.Super. 220] LEONE, J.A.D.

[439 N.J.Super. 221] Defendant Antwain T. Waters was denied Pretrial Intervention (PTI). tat denial was affirmed by a Law Division judge. Defendant pled guilty and was scheduled for sentencing, but a second Law Division judge granted PTI. The State appeals the order granting PTI. We reverse that order and remand for sentencing.

I.

The following facts are set forth in the letter recommending against PTI by the Criminal Division Manager serving as PTI Director. On September 7, 2012, a Mahwah police officer observed defendant driving a pickup, bearing Georgia tags, with tail lights that were not functioning. After the vehicle exited Interstate 287, the officer conducted a motor vehicle stop, and asked defendant for license, registration, and proof of insurance. Defendant only produced his Georgia license. Asked again for the registration and insurance cards, defendant looked at the glove ...


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