State v. Gray

The opinion of the court was delivered by

SHEBELL, J.A.D.

The State appeals on leave granted, the diversion of defendant, Harold Gray, over the objection of the State, to conditional discharge status pursuant to N.J.S.A. 24:21-27 on two possessory drug guilty pleas.

The defendant was seen by police on February 5, 1986 on a street in Elizabeth to have his hand outstretched towards another person. Upon his observing an unmarked police unit, defendant dropped his hand and closed it into a fist. He was arrested after it was discovered that he was holding four plastic vials with red tops containing a…