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People ex Rel. Hodge v. Fischer

Appellate Division of the Supreme Court of New York, Third Department
Jan 22, 1970
33 A.D.2d 956 (N.Y. App. Div. 1970)

Opinion

January 22, 1970


Appeal from a judgment of the Supreme Court, Albany County, dismissing appellant's writ of habeas corpus after a hearing. While this appeal was pending, appellant was indicted by the Albany County Grand Jury for the crimes of burglary, third degree in violation of section 140.20 Penal of the Penal Law, and grand larceny, second degree in violation of section 155.35 Penal of the Penal Law, arising from the same factual circumstances recited in the information here involved. Appellant is thus no longer held pursuant to the information but instead the Grand Jury indictment, and thus his objection to the original detention is now academic (see People ex rel. Hirschberg v. Close, 1 N.Y.2d 258). Appeal dismissed, without costs. Reynolds, J.P., Staley, Jr., Greenblott, Cooke and Sweeney, JJ., concur in memorandum by Reynolds, J.P.


Summaries of

People ex Rel. Hodge v. Fischer

Appellate Division of the Supreme Court of New York, Third Department
Jan 22, 1970
33 A.D.2d 956 (N.Y. App. Div. 1970)
Case details for

People ex Rel. Hodge v. Fischer

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. GABRIEL HODGE, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 22, 1970

Citations

33 A.D.2d 956 (N.Y. App. Div. 1970)

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