PEOPLE v. HOBSON


39 N.Y.2d 479 (1976)

The People of the State of New York, Respondent, v. Henry Cornelius Hobson, Appellant.

Court of Appeals of the State of New York.

Decided May 4, 1976.


Attorney(s) appearing for the Case

Gerald J. Callahan, John F. Middlemiss, Jr., and Leon J. Kesner for appellant.

Henry F. O'Brien, District Attorney (Charles M. Newell of counsel), for respondent.

Judges JONES, WACHTLER, FUCHSBERG and COOKE concur with Chief Judge BREITEL; Judge JASEN concurs in a separate opinion; Judge GABRIELLI concurs in result in another separate opinion.


Chief Judge BREITEL.

Defendant, following denial of a motion to suppress his incriminating statements, was convicted, after a guilty plea, of third degree robbery (Penal Law, § 160.05). He was sentenced to seven years' imprisonment. His conviction was affirmed, and he appeals.

The issue is whether a defendant in custody, represented by a lawyer in connection with criminal charges under investigation...

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