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STATE v. LIVIAZ

913 A.2d 151 (2007)

389 N.J. Super. 401

STATE of New Jersey, Plaintiff-Appellant, v. David LIVIAZ, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Dennis J. Claros-Benitez, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided January 10, 2007.

Attorney(s) appearing for the Case

Robert D. Bernardi, Burlington County Prosecutor, attorney for appellant in both appeals (Deborah A. Siegrist, Assistant Prosecutor, of counsel and on the brief).

Yvonne Smith Segars, Public Defender, attorney for respondents in both appeals (Marcia Blum, Assistant Deputy Public Defender, of counsel and on the brief).

Before Judges COBURN, AXELRAD and GILROY.

The opinion of the court was delivered by

COBURN, P.J.A.D.

In these appeals, consolidated for purposes of this opinion, we review two Law Division orders admitting defendants to the Pretrial Intervention Program ("PTI") over the objection of the Burlington County Prosecutor. The judge found that in both cases the prosecutor's action was a patent and gross abuse of his discretion because, without giving sufficient...

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