On March 27, the court held that a trial court’s and prosecutor’s rejection of a police officer’s pretrial intervention application was improperly rejected. State v. Denman, ___ N.J. Super.___ (App. Div. 2017). Specifically, the court held that a PTI denial was improperly based upon a finding that a breach of the public trust occurred when a ten-year volunteer treasurer of a Police Athletic League (PAL), without proper authority, borrowed $18,000 from the PAL.
Preserving his right to appeal his rejection, the defendant pled guilty to third-degree attempted misapplication of funds (N.J.S.A. 2C:21-15 and 2C:5-1) and was sentenced to two years’ probation and forfeiture of his public office.
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