STATE OF NEW JERSEY VS. YUJIE GAOÂ (14-10-0483, MIDDLESEX COUNTY AND STATEWIDE)(RECORD IMPOUNDED), A-3173-15T2

Defendant Yujie Gao was charged with fourth-degree criminal sexual contact for groping a sleeping female passenger on a public bus and masturbating; eyewitnesses and the victim reported the incident and police observed defendant with his zipper down.
Defendant had no prior criminal history, strong education and employment prospects, and applied for Pre-Trial Intervention (PTI).
The Criminal Case Manager (CCM) and the prosecutor denied PTI, citing seriousness of the sexual offense, victim involvement and desire for prosecution, and defendant’s minimized explanation and apparent need for mental health counseling.
Defendant appealed the prosecutor’s denial to the Law Division; Judge Pincus upheld the denial, finding no abuse of discretion.
Defendant subsequently pled guilty to fourth-degree criminal sexual contact and received one year of non-custodial probation.
This appeal to the Appellate Division challenges the prosecutor’s PTI denial as a patent and gross abuse of discretion; the panel affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether prosecutor abused discretion in denying PTI	Denial proper because offense was sexual (victim-involved), serious, public safety and victim interests outweigh diversion; PTI meant for victimless crimes	Denial subverted PTI’s goals; prosecutor’s veto was arbitrary and deprived defendant of diversion despite mitigation factors	No abuse of discretion: prosecutor considered statutory/PTI factors, victim preference and offense nature supported denial

State v. Motley, 369 N.J. Super. 314 (App. Div. 2004) (describing PTI as diversionary program to avoid prosecution when rehabilitation likely)
State v. Brooks, 175 N.J. 215 (2002) (principles supporting PTI and diversion)
State v. Negran, 178 N.J. 73 (2003) (prosecutor must evaluate statutory factors and PTI guidelines)
State v. Watkins, 193 N.J. 507 (2008) (standard for overturning PTI denial and defendant’s heavy burden)
State v. Bender, 80 N.J. 84 (1979) (abuse of discretion when veto ignores relevant factors)
State v. Wallace, 146 N.J. 576 (1996) (scope of judicial review and prosecutorial latitude in PTI decisions)