Elawyers Elawyers
Washington| Change

STATE v. MINJIN OH, A-1611-12T4. (2013)

Court: Superior Court of New Jersey Number: innjco20131023329 Visitors: 5
Filed: Oct. 23, 2013
Latest Update: Oct. 23, 2013
Summary: NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Defendant Minjin Oh appeals from the rejection of his application to the Pre-Trial Intervention Program (PTI). We affirm. After the prosecutor's office rejected his application, defendant appealed to the Law Division. In a comprehensive oral opinion issued on October 3, 2011, the trial judge considered the prosecutor's decision, as well as the seventeen factors set forth in the PTI statute, N.J.S.A. 2C:43-12e. Th
More

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

PER CURIAM.

Defendant Minjin Oh appeals from the rejection of his application to the Pre-Trial Intervention Program (PTI). We affirm.

After the prosecutor's office rejected his application, defendant appealed to the Law Division. In a comprehensive oral opinion issued on October 3, 2011, the trial judge considered the prosecutor's decision, as well as the seventeen factors set forth in the PTI statute, N.J.S.A. 2C:43-12e. The judge found no gross and patent abuse of the prosecutor's discretion in rejecting defendant from PTI. See State v. Nwobu, 139 N.J. 236, 246-47 (1995).

On this appeal, defendant once again argues that "the State's decision to reject defendant from Pre-trial Intervention was a patent and gross abuse of discretion, because defendant presented compelling reasons for his acceptance." Having thoroughly reviewed the record, we cannot agree. Defendant's appellate arguments are without sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). We affirm for the reasons stated by the trial court.

Affirmed.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer