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STATE v. COLLINS

180 N.J. Super. 190 (1981)

434 A.2d 628

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. RONALD COLLINS, DEFENDANT-RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ALFRED C. MELECCI, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

January 13, 1981.

Decided August 3, 1981.

Attorney(s) appearing for the Case

Thomas E. Bracken, Assistant Prosecutor, argued the cause for appellant (Brian M. Laddey, Sussex County Prosecutor, attorney; Thomas E. Bracken on the brief).

Francis M. Devito argued the cause for respondent Collins (Alongi & Devito, attorneys; Paul Alongi on the brief).

Frank A. Dolan argued the cause for respondent Melecci (Trapasso, Dolan & Hollander, attorneys; Frank A. Dolan on the brief).

John J. Degnan, former Attorney General of New Jersey, filed a brief as amicus curiae (Daniel Louis Grossman, Deputy Attorney General, of counsel and on the brief; John DeCicco, Assistant Attorney General, and Robert E. Rochford, Deputy Attorney General, of counsel).*

Before Judges BOTTER, KING and McELROY.

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

These consolidated appeals concern defendants' eligibility for pretrial diversion from criminal prosecution. The issues arise from apparent conflicts among legislative provisions, N.J.S.A. 2C:43-12 et seq. (Code diversion) and N.J.S.A. 24:21-27 (Title 24 or Section 27 diversion), and the Supreme Court's rules and guidelines (Rule 3:28 diversion). The general issue in the Collins

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