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Termination of New Jersey PTI Affirmed on Appeal

15
Jun
2012

by in Criminal Defense

State v. Angelo R. Rodriguez, Jr., unpublished opinion, App. Div. Docket No. A-5013-07T4 (May 26, 2010) – Termination of defendant’s participation affirmed, but judgment of conviction reversed. “Defendant also argues that the State violated the rules governing PTI admission when it required him to enter a guilty plea.

We agree. Rule 3:28, Guideline 4, provides in pertinent part that, ‘[e]nrollment in PTI programs should be conditioned upon neither informal admission nor entry of a plea of guilty.’…

Here, the State erred by requiring defendant to plead guilty to count three … ‘[i]n exchange’ for the prosecutor’s agreement to allow defendant to seek admission to PTI. In our judgment, defendant should not be bound to a plea entered into contravention of the PTI guidelines. Accordingly, the judgment of conviction must be vacated and defendant should be given the opportunity to withdraw the plea.”

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