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STATE v. DALGLISH

86 N.J. 503 (1981)

432 A.2d 74

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. LAWRENCE DALGLISH, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 7, 1981.

Attorney(s) appearing for the Case

John S. Redden, Assistant Essex County Prosecutor, argued the cause for appellant (James R. Zazzali, Attorney General of New Jersey, attorney; George L. Schneider, Essex County Prosecutor, of counsel).

Stanley J. Hausman argued the cause for respondent.

James B. Daniels, Assistant Deputy Public Defender, argued the cause for amicus curiae Office of the Public Defender (Stanley C. Van Ness, Public Defender, attorney).

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

In State v. Leonardis, 73 N.J. 360 (1977) (Leonardis II), this Court enunciated the standard of review of prosecutorial decisions denying admission into pretrial intervention (PTI) programs created under R. 3:28. We held that a defendant must "clearly and convincingly establish that the prosecutor's refusal to sanction admission into the program was based on...

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