STATE OF NEW JERSEY VS. XZAVIER D. HAYESÂ (15-03-0309, HUDSON COUNTY AND STATEWIDE), A-3824-15T3

Background

Plainclothes officers in an unmarked car received CI-based information identifying an individual who "possibly had a brick of heroin" at a Jersey City corner; description provided.
Officers approached the described person; when he turned, he dropped two small white packets consistent with packaged heroin.
Officers confirmed the packets were heroin, arrested defendant, and a search incident to arrest recovered 69 packets of heroin and $148.
Defendant moved to suppress, arguing no reasonable suspicion for an investigatory stop; the trial court denied the motion, finding probable cause based on the CI and the officer's observations.
A jury convicted defendant of possession and possession with intent to distribute (multiple counts), and he was sentenced to 10 years (5 years parole ineligibility); several issues raised on appeal.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
1. Suppression: whether officers had reasonable suspicion/probable cause for detention/arrest	Police had corroborated CI, witnessed defendant drop packets that appeared to be heroin, giving probable cause for arrest and lawful search incident to arrest	Officers lacked reasonable articulable suspicion for an investigatory detention; suppression required	Affirmed: No investigatory stop occurred; defendant discarded packets, giving officers probable cause to arrest and valid search incident to arrest (no warrant needed)
2. Jury instruction/summation on "distribution" (sharing)	State: sharing can fall within statutory definition of distribution; prosecutor's comments were fair based on defendant's testimony	Hayes: sharing/"sharing with friends" cannot sustain intent-to-distribute convictions; jury misinstructed	Affirmed: Charge tracked model jury charge and Heitzman; sharing can support distribution; no plain error where charge and evidence supported jury finding
3. Admission of ordinance/map after State rested	State requested admission when omission was noticed; map/ordinance established proximity to public property for enhanced counts	Defendant argued late introduction after rested prejudiced his defense and required dismissal of enhanced counts	Affirmed: Trial court did not abuse discretion admitting the ordinance; State's belated offer promptly made and no prejudice shown
4. Mistrial motion based on officer testimony referencing an out-of-court informant	Any references were brief, objections sustained, and the court curtailed testimony	Hayes argued references to out-of-court witnesses injected inadmissible hearsay requiring mistrial	Affirmed: Denial of mistrial not an abuse of discretion; fleeting references did not create reasonable doubt given totality of evidence

Key Cases Cited

State v. Elders, 192 N.J. 224 (defines reasonable suspicion standard for investigatory detentions)
State v. Basil, 202 N.J. 570 (probable cause to arrest when officer has well-grounded suspicion crime has been committed)
State v. Goodman, 415 N.J. Super. 4 (standard of appellate review for legal conclusions on suppression)
State v. Heitzman, 209 N.J. Super. 617 (sharing can support conviction for possession with intent to distribute)
Macon v. State, 57 N.J. 325 (plain-error standard articulated)
Chimel v. California, 395 U.S. 752 (warrantless search incident to arrest doctrine)
United States v. Robinson, 414 U.S. 218 (search incident to arrest justifications)