STATE v. WALLACE


146 N.J. 576 (1996)

684 A.2d 1355

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

The Supreme Court of New Jersey.

Decided November 13, 1996.


Attorney(s) appearing for the Case

Jack L. Weinberg, Special Deputy Attorney General, Acting Assistant Prosecutor, argued the cause for appellant (Joseph F. Audino, Special Deputy Attorney General, Acting Camden County Prosecutor, attorney; Kathleen M. Higgins and Joan Spadea, Special Deputy Attorneys General, Acting Assistant Prosecutors, of counsel and on the brief).

Saul J. Steinberg argued the cause for respondent (Steinberg and Ginsberg, attorneys).

John E. Adams, Jr., Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Peter G. Verniero, Attorney General, attorney).

Diane Toscano, Assistant Deputy Public Defender, argued the cause for amicus curiae Public Defender (Susan L. Reisner, Public Defender, attorney).


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

In this case, a county prosecutor denied a criminal defendant's request for admission to a pre-trial intervention program. The Appellate Division reversed and remanded the case to the prosecutor for reconsideration.

We are once again called upon to address the issue of how much deference a court must afford the discretionary prosecutorial decision concerning the refusal to dismiss criminal charges and the...

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