PEOPLE v. HODGE


53 N.Y.2d 313 (1981)

The People of the State of New York, Respondent, v. Gabriel C. Hodge, Appellant.

Court of Appeals of the State of New York.

Decided June 18, 1981.


Attorney(s) appearing for the Case

Richard D. Wickerham for appellant.

John B. Poersch, District Attorney (Arkley L. Mastro, Jr., and Clifford T. Harrigan of counsel), for respondent.

Chief Judge COOKE and Judges JONES and MEYER concur with Judge FUCHSBERG; Judge GABRIELLI dissents and votes to affirm in a separate opinion in which Judges JASEN and WACHTLER concur.


FUCHSBERG, J.

Defendant Gabriel Hodge has been convicted of the felonies of burglary in the third degree and escape in the first degree, each arising from an incident unrelated to the other. On appeal from an Appellate Division order of affirmance, the main issue we confront is whether he is entitled to a reversal of the escape conviction because a preindictment preliminary hearing on that charge, held pursuant...

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