STATE v. MAGUIRE


168 N.J. Super. 109 (1979)

401 A.2d 1106

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. SCOTT MAGUIRE, DOMINIC PAPA, DANIEL K. BREEN, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 2, 1979.


Attorney(s) appearing for the Case

Mr. Oscar W. Rittenhouse, Prosecutor of Hunterdon County, attorney for appellant.

Mr. Stanley C. Van Ness, Public Defender of New Jersey, attorney for respondent Scott Maguire (Mr. Thomas R. Ryan, Assistant Deputy Public Defender, of counsel and on the brief).

Mr. Stanley C. Van Ness, Public Defender of New Jersey, attorney for respondent, Dominic Papa (Mr. Gaetano M. DeSapio, designated counsel, of counsel and on the brief).

Respondent Daniel K. Breen did not file a brief.

Before Judges HALPERN and ARD.


The opinion of the court was delivered by HALPERN, P.J.A.D.

We granted leave to appeal in order to evaluate the decision of the trial judge who ordered the diversion of three defendants into the Hunterdon County Pretrial Intervention Program (PTI). In doing so the trial judge overruled the prosecutor's disapproval of the diversion. The requests for diversion had previously been investigated and acted upon favorably...

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