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STATE v. WAY

131 N.J. Super. 422 (1974)

330 A.2d 375

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WALTER WAY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 9, 1974.

Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, attorney for appellant (Mr. Michael Suffness, Assistant Deputy Public Defender, of counsel and on the brief).

Mr. William F. Hyland, Attorney General of New Jersey, attorney for respondent (Mr. Robert H. Klausner, Deputy Attorney General, of counsel and on the brief).

Before Judges LEONARD, SEIDMAN and BISCHOFF.

PER CURIAM.

A jury convicted defendant of open lewdness, in violation of N.J.S.A. 2A:115-1, and he was sentenced to an indeterminate term at the Diagnostic Unit of Rahway State Prison Farm. He claims that (1) the judge erroneously denied his motion for a judgment of acquittal, (2) the judge should have sua sponte ordered a plenary hearing regarding the contents of the Diagnostic Center report, and (3) the sentence is illegal.

As for the first...

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