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STATE v. O'CONNOR

No. 764SC444.

229 S.E.2d 705 (1976)

STATE of North Carolina v. Richard Charles O'CONNOR, Jr.

Court of Appeals of North Carolina.

November 17, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. David S. Crump, Raleigh, for the State.

Turner & Harrison by F. W. Harrison, Kinston, for defendant.

BROCK, Chief Judge.

Defendant argues on appeal that the order revoking his probation should be reversed because defendant was not accorded a preliminary hearing at the time of, or near the time of, his arrest. Defendant relies upon Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972), and Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973).

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