Supreme Court of New Jersey

State of New Jersey, Plaintiff-Appellant v. Robert A. Hermann and Frederick W. Jones, Defendants-Appellants

May 24, 197980 N.J. 122

Summary

The Supreme Court of New Jersey reversed the Appellate Division and held that a trial court may overturn a prosecutor's decision to consent to pre‑trial intervention only if the decision constitutes a patent and gross abuse of discretion. Applying that standard, the court found the prosecutor's consent was not an abuse and therefore ordered the defendants' PTI applications approved.