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STATE v. DeMARCO

107 N.J. 562 (1987)

527 A.2d 417

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. VINCENT DEMARCO, SR., DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 1, 1987.

Attorney(s) appearing for the Case

Robert J. DeGroot argued the cause for appellant (Weiss, Turco, DeGroot & Caruso, attorneys; Robert J. DeGroot and Donald S. Rosanelli on the briefs).

Jared L. McDavit, Assistant Prosecutor, argued the cause for respondent (Richard E. Honig, Sussex County Prosecutor, attorney).

Mildred Vallerini Spiller, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (W. Cary Edwards, Jr., Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by POLLOCK, J.

This appeal raises the question whether it is permissible for a prosecutor to condition admission into the Pre-Trial Intervention Program (PTI) on the defendant's resignation from his employment as a police officer. The director of the program recommended the admission of defendant, a member of the Newark Police Department, into the program, but the program coordinator, an assistant county prosecutor, said he would...

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