STATE OF NEW JERSEY VS. ANGELA L. OTEY (15-06-1030, MONMOUTH COUNTY AND STATEWIDE), A-3855-15T3

Defendant Angela Otey pled guilty to third-degree burglary for entering her ex-girlfriend S.H.’s apartment armed with a box cutter; State dismissed more serious assault and weapons counts in exchange for the plea and a sentencing recommendation.
Plea agreement allowed defendant to apply for Track 1 Drug Court or, if rejected, to argue for a three-year custodial term.
TASC evaluation found severe heroin and alcohol use disorders and recommended short-term residential treatment; it also described significant psychiatric history (anxiety, hallucinations, prior suicide attempt, anger issues) and prior domestic simple assault conviction.
The Drug Court prosecutor denied admission, citing the violent nature of the offense and danger to the community.
On judicial review, the trial court found defendant met most statutory eligibility criteria but concluded, based on the violent facts and mental-health concerns in the TASC report, that Drug Court would pose a danger to the community and denied admission.
Defendant was sentenced to three years’ imprisonment (subject to NERA parole ineligibility) and appealed the denial; the Appellate Division affirmed, finding no abuse of discretion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion in denying defendant's appeal from the Drug Court rejection and refusing Track 1 admission	Court properly weighed statutory factors and reasonably found Drug Court admission would pose a danger due to the violent nature of the offense and defendant's mental-health history	Court relied solely on self-reported TASC information and improperly concluded defendant posed a community danger; nature of offense and psychiatric history do not preclude Drug Court	Affirmed — no abuse of discretion: trial court permissibly considered plea facts and TASC assessment and reasonably concluded admission would risk public safety

State v. Meyer, 192 N.J. 421 (describing Drug Courts and eligibility focus on public safety and treatment)
State v. Maurer, 438 N.J. Super. 402 (App. Div.) (explaining legislative removal of prosecutorial veto and that sentencing judge makes final Drug Court eligibility determination)
State v. Clarke, 203 N.J. 166 (addressing Drug Court tracks and statutory framework)
Flagg v. Essex Cty. Prosecutor, 171 N.J. 561 (standard for abuse of discretion review)
Achacoso-Sanchez v. Immigration & Naturalization Serv., 779 F.2d 1260 (7th Cir.) (defining abuse of discretion as lacking rational explanation or departing from policy)