State of New Jersey, Plaintiff-Respondent and Cross-Appellant v. Anthony Caliguiri, Defendant-Appellant and…

Summary

The Supreme Court of New Jersey held that a prosecutor may treat a violation of N.J.S.A. 2C:35-7 (possession with intent to distribute within 1,000 feet of a school) as presumptively ineligible for Pre‑Trial Intervention (PTI), requiring the defendant to show compelling reasons to overcome that presumption, and remanded for reconsideration; it also affirmed the Appellate Division’s decision while invalidating part of the Attorney General’s Supplemental Directive. Justice Stein concurred in part and dissented in part, rejecting the majority’s presumption of ineligibility.