Supreme Court of New Jersey
State of New Jersey, Plaintiff-Respondent v. Davon M. Johnson, Defendant-Appellant.
May 30, 2019238 N.J. 119
Summary
The Supreme Court of New Jersey held that the statutory presumption against pre‑trial intervention (PTI) for second‑degree offenses does not apply to offenders charged under N.J.S.A. 2C:35-7(a) after the 2009 amendment, and that the presumption against PTI for the "sale" of narcotics is inapplicable where the charge is possession with intent to distribute. Accordingly, the Court reversed the Appellate Division’s judgment and remanded for a fresh prosecutorial review without applying those presumptions.