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STATE v. BAYNES

287 N.J. Super. 336 (1996)

671 A.2d 146

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. WALLACE BAYNES, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 14, 1996.

Attorney(s) appearing for the Case

John Kay, Monmouth County Prosecutor, attorney for appellant; (Mark P. Stalford, Assistant Prosecutor, and Kevin M. Clark, Assistant Prosecutor, of counsel and on the brief).

James N. Butler, Jr., attorney for respondent.

Before Judges KING and KLEINER.

PER CURIAM.

We granted the State's motion for leave to appeal from a decision of the trial court admitting defendant Wallace Baynes into the Monmouth County Pre-trial Intervention Program over the objection of the prosecutor. Defendant had been indicted by the grand jury and charged with possession of a controlled dangerous substance, heroin, contrary to N.J.S.A. 2C:35-10a(1) (count one), and possession of a controlled dangerous substance within 1,000 feet...

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