STATE OF NEW JERSEY VS. G.M.(15-10-1391, HUDSON COUNTY AND STATEWIDE)(RECORD IMPOUNDED), A-5302-15T2

G.M. appealed a Law Division ruling denying PTI admission in a case where she and H.L. were co-defendants.
The March 2015 incident involved their nine-month-old infant with skull fracture and epidural hematoma.
H.L. admitted marijuana use during delivery-related stops; G.M. admitted marijuana use only for the day before the fall.
The parents delayed seeking hospital care and made a stop to sell marijuana, aiming to avoid Division reporting.
G.M. applied for PTI; the prosecutor rejected the application citing the serious injury and conduct findings.
After denial, G.M. pled guilty to a fourth-degree child abuse/neglect count and received probation; PTI appeal followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the PTI denial was a patent and gross abuse of discretion	G.M. argues denial was patent and gross abuse	State contends denial was within broad prosecutorial discretion	Affirmed; PTI denial not a patent and gross abuse

State v. Negran, 178 N.J. 73 (2003) (extensive deference to prosecutor in PTI decisions)
State v. Nwobu, 139 N.J. 236 (1995) (scope of judicial review is narrow)
State v. Hermann, 80 N.J. 122 (1979) (PTI review limited to egregious injustices)
State v. DeMarco, 107 N.J. 562 (1987) (PTI review limited; gross discretion standard)
State v. K.S., 220 N.J. 190 (2015) (clear and convincing burden for patent and gross abuse)
State v. Waters, 439 N.J. Super. 215 (App. Div. 2015) (presumption against PTI for certain offenses)