STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
ROBERT A. HERMANN AND FREDERICK W. JONES, DEFENDANTS-APPELLANTS.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued January 23, 1979.
Decided May 24, 1979.
Attorney(s) appearing for the Case
Mr. Oscar W. Rittenhouse, Hunterdon County Prosecutor, argued the cause for appellant, State of New Jersey.
Mr. Alan Dexter Bowman, Deputy Attorney General, argued the cause for amicus curiae Attorney General (Mr. John J. Degnan, Attorney General of New Jersey, attorney pro se; Mr. Bowman, Mr. John DeCicco and Mr. Edwin H. Stern, Deputy Attorneys General, of counsel).
Mr. Donald W. Morrow argued the cause for appellant Hermann (Messrs. Morrow and Benbrook, attorneys).
Mr. C. Douglas Reina argued the cause for appellant Jones (Messrs. Abrams, Dalto, Gran, Hendricks and Reina, attorneys).
Mr. John S. Redden, Assistant Essex County Prosecutor, submitted a brief on behalf of amicus curiae New Jersey Prosecutors Association (Mr. Donald S. Coburn, Essex County Prosecutor, attorney).
Mr. Alan Silber argued the cause as amicus curiae pro se.
The Supreme Court of New Jersey.
The opinion of the court was delivered by PASHMAN, J.
In State v. Leonardis,73 N.J. 360 (1977) (Leonardis II), we held that our trial courts possessed the power to order a defendant enrolled in a county pretrial intervention program (PTI) over the objections of the prosecutor if the defendant could "clearly and convincingly" demonstrate that the prosecutor's veto constituted a "patent and gross abuse of his discretion...
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