STATE v. MADDOCKS


80 N.J. 98 (1979)

402 A.2d 224

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JON MADDOCKS, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 24, 1979.


Attorney(s) appearing for the Case

Mr. Leo P. Cox, Assistant Prosecutor, argued the cause for appellant (Mr. Clinton E. Cronin, Acting Monmouth County Prosecutor, attorney).

Mr. Alan J. Nodes, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. Nodes, Mr. John DeCicco, Deputy Attorney General, and Mr. Edwin H. Stern, Deputy Attorney General, of counsel).

Mr. William W. Graham argued the cause for respondent (Messrs. Mirne, Nowels, Tumen, Wooley, Magee, Kirschner and Graham, attorneys).


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

As in State v. Bender, 80 N.J. 84 (1979), decided this day, this case requires us to pass upon the propriety of a prosecutorial decision rejecting a defendant's application for enrollment into a county Pretrial Intervention Program. That is, we must decide whether the defendant here involved has "clearly and convincingly" established that the prosecutor's veto constituted...

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