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STATE v. LEE

Docket No. A-3906-11T4

101 A.3d 622 (2014)

437 N.J. Super. 555

STATE of New Jersey, Plaintiff-Respondent, v. Justin A. LEE, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided October 27, 2014.

Attorney(s) appearing for the Case

Joseph E. Krakora , Public Defender, attorney for appellant ( Lon Taylor , Assistant Deputy Public Defender, of counsel and on the brief).

Carolyn A. Murray , Acting Essex County Prosecutor, attorney ( Frank J. Ducoat , Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the brief).

Before Judges SABATINO, GUADAGNO, and LEONE.

The opinion of the court was delivered by

SABATINO, P.J.A.D.

Defendant Justin A. Lee applied for admission to the pretrial intervention ("PTI") program after he was charged with two counts of aggravated assault with respect to a police officer and resisting arrest.1 His application was rejected by the Essex County Prosecutor, despite having a positive recommendation by the Judiciary's PTI program director. The trial court initially...

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