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STATE v. GRAY

215 N.J. Super. 286 (1987)

521 A.2d 916

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. HAROLD GRAY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 26, 1987.

Attorney(s) appearing for the Case

John H. Stamler, Union County Prosecutor, for appellant (Steven J. Kaflowitz, Assistant Prosecutor, of counsel and on the letter brief).

Alfred A. Slocum, Public Defender, for respondent (Edward P. Hannigan, Assistant Deputy Public Defender, of counsel and on the letter brief).

Before Judges FURMAN and SHEBELL.

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...

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