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STATE v. HERMANN

160 N.J. Super. 283 (1978)

389 A.2d 975

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROBERT HERMANN AND FREDERICK W. JONES, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 27, 1978.

Attorney(s) appearing for the Case

Mr. Donald W. Morrow argued the cause for appellant Robert Hermann (Messrs. Morrow and Benbrook, attorneys).

Mr. C. Douglas Reina argued the cause for appellant Frederick W. Jones (Messrs. Abrams, Dalto, Gran, Hendricks & Reina, attorneys; Mr. Norman J. Abrams on the brief).

Mr. Oscar W. Rittenhouse, Prosecutor of Hunterdon County, argued the cause for respondent.

Mr. Alan Silber argued the cause as amicus curiae.

Mr. Alan D. Bowman, Deputy Attorney General, argued the cause as amicus curiae (Mr. John J. Degnan, Attorney General, attorney; Mr. William F. Hyland, Former Attorney General).

Before Judges ALLCORN, MORGAN and HORN.

The opinion of the court was delivered by HORN, J.A.D.

This appeal raises for the first time before us the issue of what standard a trial judge should apply in reviewing a defendant's application for admission to a Pretrial Intervention Program (Program) where said admission is recommended by a program director with the consent of the prosecutor. R. 3:28. The converse is well-settled, that is, where the prosecutor withholds his consent it is incumbent upon...

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