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STATE v. O'BRIEN

No. A-4190-09T2.

14 A.3d 56 (2011)

418 N.J. Super. 428

STATE of New Jersey, Plaintiff-Appellant, v. Diane O'BRIEN, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 10, 2011.

Attorney(s) appearing for the Case

Mary R. Juliano , Assistant Prosecutor, argued the cause for appellant ( Luis A. Valentin , Monmouth County Prosecutor, attorney; Ms. Juliano and Patricia B. Quelch , Assistant Prosecutor, of counsel, and on the briefs).

John Menzel , Point Pleasant, argued the cause for respondent.

Before Judges FUENTES, GILROY and ASHRAFI.

The opinion of the court was delivered by

GILROY, J.A.D.

The State appeals from the April 23, 2010 order that directed defendant Diane O'Brien's admission into Monmouth County's pretrial intervention (PTI) program over the objection of the County Prosecutor. The question presented is whether a defendant who previously received supervisory treatment under the conditional discharge statute, N.J.S.A. 2C:36A-1, and...

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