NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3855-15T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ANGELA L. OTEY, Defendant-Appellant. __________________________ Submitted August 30, 2017 – Decided November 9, 2017 Before Judges Alvarez and Gooden Brown. On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 15-06-1030. Joseph E. Krakora, Public Defender, attorney for appellant (Alyssa Aiello, Assistant Deputy Public Defender, of counsel and on the brief). Christopher J. Gramiccioni, Monmouth County Prosecutor, attorney for respondent (Monica do Outeiro, Assistant Prosecutor, of counsel and on the brief). PER CURIAM A grand jury indicted defendant for second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (count one); third-degree aggravated assault with a deadly weapon, N.J.S.A. 2C:12-1(b)(2) (count two); second-degree burglary, N.J.S.A. 2C:18-2 (count three); fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d) (count four); and third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d) (count five). On October 26, 2015, defendant pled guilty to count three and admitted burglarizing the apartment of S.H., her ex-girlfriend, while armed with a box cutter. In exchange for the guilty plea, the State agreed to dismiss the remaining counts and to recommend sentencing in the third-degree range, see N.J.S.A. 2C:44-1(f)(2), specifically a five-year custodial sentence subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Under the terms of the plea agreement, defendant reserved the right to apply for sentencing into Drug Court and, if her application was rejected, to argue for a three-year custodial sentence. Pursuant to N.J.S.A. 2C:35-14(a), defendant applied to Drug Court, but was rejected by the Drug Court prosecutor. Defendant appealed her rejection to the trial court, but her appeal was denied on January 14, 2016. Thereafter, defendant was sentenced to three years imprisonment, subject to an eighty-five percent period of parole ineligibility pursuant to NERA. Defendant now appeals her March 3, 2016 judgment of conviction, arguing the 2 A-3855-15T3 court erred in denying her appeal from the prosecutor's rejection of her Drug Court application. We disagree and affirm. After pleading guilty to second-degree burglary, defendant, then thirty-four years old, applied to Drug Court on October 26, 2015. Her application was reviewed as a Track 1 case. At the time, defendant had no prior history of indictable convictions. In conjunction with her application, defendant underwent a Treatment Assessment Services for the Courts (TASC) evaluation in order to determine her level of drug or alcohol dependency. The TASC evaluator found that defendant manifested symptoms of severe alcohol use disorder and severe heroin use disorder, and recommended a short-term residential inpatient program. However, the Drug Court prosecutor denied defendant's admission to Drug Court, citing the significant threat to the community posed by defendant's commission of a violent offense. On January ...
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