STATE v. LEONARDIS


73 N.J. 360 (1977)

375 A.2d 607

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANK LEONARDIS, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. STEPHEN ROSE, DEFENDANT-APPELLANT, AND MICHAEL BATTAGLIA AND DALE BATTAGLIA, DEFENDANTS. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. FREDRICK JOHN STRYCHNEWICZ, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 31, 1977.


Attorney(s) appearing for the Case

Mr. Robert J. Del Tufo, Director, Division of Criminal Justice, argued the cause for amicus curiae Attorney General (Mr. William F. Hyland, Attorney General of New Jersey, attorney pro se; Mr. Lowell Espey, Mr. David S. Baime and Mr. John De Cicco, of counsel and on the brief).

Mr. Richard J. Williams argued the cause for amicus curiae County Prosecutors' Association of New Jersey.

Mr. William Z. Shulman, Assistant Prosecutor, argued the cause for the State of New Jersey (Mr. James T. O'Halloran, Hudson County Prosecutor, attorney).

Mr. David A. Pressler argued the cause for amicus curiae Bergen County Bar Association (Mr. Michael J. Breslin, on the brief).

Mr. Ezra D. Rosenberg, Assistant Deputy Public Defender, argued the cause for defendant Leonardis and for amicus curiae Public Defender in Strychnewicz (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Gary H. Schlyen and Mr. Joseph J. Rodgers submitted a brief on behalf of intervenor Passaic County Prosecutor (Mr. Burl Ives Humphreys, Passaic County Prosecutor, attorney pro se).

Mr. Ervan F. Kushner submitted a brief as amicus curiae.


The opinion of the court was delivered by PASHMAN, J.

In State v. Leonardis, 71 N.J. 85 (1976) (hereinafter "Leonardis"), this Court considered the validity of pretrial intervention programs adopted by Bergen and Hudson Counties pursuant to R. 3:28.1 In that opinion we fully outlined the history of pretrial intervention (PTI) and the policy considerations which led to the adoption of...

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