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STATE v. GREEN

DOCKET NO. A-1892-07T4.

997 A.2d 242 (2010)

413 N.J. Super. 556

STATE of New Jersey, Plaintiff-Respondent, v. Robert Dwayne GREEN, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided May 12, 2009.

Remanded October 10, 2009.

Argued Telephonically April 27, 2010.

Decided June 7, 2010.

Attorney(s) appearing for the Case

Daniel P. McNerney, Designated Counsel, Hackensack, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney; Mr. McNerney, of counsel and on the brief).

Patricia Bowen Quelch, Assistant Prosecutor, argued the cause for respondent (Luis A. Valentin, Monmouth County Prosecutor, attorney; Carey J. Huff, Assistant Prosecutor, of counsel and on the brief).

Before Judges LISA, REISNER and SAPP-PETERSON.

The opinion of the court was delivered by

REISNER, J.A.D.

This case is before us on remand from the Supreme Court. The case arose from a Law Division order denying defendant Robert Green's appeal from his exclusion from the pre-trial intervention program (PTI). In our opinion, we concluded, based on the record then before us, that Green had not been permitted to apply for PTI. State v. Green, 407 N.J.Super. 95

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