STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
DANIEL NWOBU, DEFENDANT-APPELLANT.
STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
JAMES CALLENDER, BRYAN HARRIS, AND JAMES OVERBY, DEFENDANTS-RESPONDENTS.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued October 12, 1994.
Decided February 8, 1995.
Attorney(s) appearing for the Case
Daniel V. Gautieri, Assistant Deputy Public Defender, argued the cause for appellant Daniel Nwobu (Susan L. Reisner, Public Defender, attorney).
Gary A. Thomas, Assistant Prosecutor, argued the cause for appellant State of New Jersey (Clifford J. Minor, Essex County Prosecutor, attorney).
Stuart A. Minkowitz, Assistant Prosecutor, argued the cause for respondent State of New Jersey (John J. Fahy, Bergen County Prosecutor, attorney, Mr. Minkowitz and John J. Scaliti, Assistant Prosecutor, on the briefs).
Stephen A. Caruso, Assistant Deputy Public Defender, argued the cause for respondent James Callender (Susan L. Reisner, Public Defender, attorney).
Barbara A. Hedeen, Assistant Deputy Public Defender, argued the cause for respondent Bryan Harris (Susan L. Reisner, Public Defender, attorney, Diane Toscano, Assistant Deputy Public Defender, on the letter brief).
Donald T. Thelander, Assistant Deputy Public Defender, argued the cause for respondent James Overby (Susan L. Reisner, Public Defender, attorney).
Richard W. Berg, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Deborah T. Poritz, Attorney General, attorney).
The Supreme Court of New Jersey.
The opinion of the Court was delivered by O'HERN, J.
The central issue in these two appeals is whether the prosecutors arbitrarily rejected defendants' admission into Pretrial Intervention programs (PTI). PTI is an alternative procedure to the traditional process of prosecuting criminal defendants. It is a diversionary program through which certain offenders are able to avoid criminal prosecution by receiving early rehabilitative services expected to deter future...
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