February 18, 1963
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
BENEDICT RAYMOND, DEFENDANT-APPELLANT.
The opinion of the court was delivered
Per Curiam. The Appel late Division unanimously affirmed defendant's conviction for debauching a child in violation of N.J.S. 2A:96-3. State v. Raymond, 74 N.J. Super. 434 (1962). Asserting a constitutional issue, defendant undertook to appeal to us as of right under R.R. 1:2-1(a).
The single claim on this appeal is that the trial court improperly denied a motion to adjourn the trial date. Before us the complaint is for the first time cast in constitutional garb, i.e., deprivation of the right to counsel. The attack upon the trial court's ruling is without basis, and the effort to generate a "constitutional" question is frivolous.
The appeal is dismissed.
For dismissal - Chief Justice WEINTRAUB, and Justices JACOBS, FRANCIS, PROCTOR, HALL, SCHETTINO and HANEMAN - 7.
Opposed - None.