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STATE v. MORAES-PENA

902 A.2d 318 (2006)

386 N.J. Super. 569

STATE of New Jersey, Plaintiff-Appellant, v. Elaine D. MORAES-PENA, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 20, 2006.

Attorney(s) appearing for the Case

Theodore J. Romankow, Union County Prosecutor, attorney for appellant (Carol M. Berger, Assistant Prosecutor, of counsel; Henry S. Goldfine, Assistant Prosecutor, on the brief).

Harvey Fruchter and Associates, Kenilworth, attorneys for respondent (Mr. Fruchter, on the brief).

Before Judges STERN, GRALL and MINIMAN.

The opinion of the court was delivered by

STERN, P.J.A.D.

This is an appeal by the State, pursuant to R. 3:28(f),1 from an order enrolling defendant into the Pretrial Intervention Program (PTI) in Union County over the prosecutor's objection in a case involving indictable charges of third-degree assault by auto while intoxicated and fourth-degree assault by auto—leaving the...

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