People v. Hodges

Appellate Division of the Supreme Court of New York

People v. Hodges

116 A.D.2d 739, 498 N.Y.S.2d 330, 1986 N.Y. App. Div. LEXIS 51593

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 27, 1986

StatusPublished

This text of 116 A.D.2d 739 (People v. Hodges) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Hodges, 116 A.D.2d 739, 498 N.Y.S.2d 330, 1986 N.Y. App. Div. LEXIS 51593 (N.Y. Ct. App. 1986).

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Opinion

— Appeal by defendant from a judgment of the Supreme Court, Kings County (Juviler, J.), rendered November 1, 1983, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial (Feldman, J.), without a hearing, of so much of defendant’s omnibus motion as sought dismissal of the indictment.

Judgment affirmed.

Under the circumstances herein, Criminal Term did not err in denying, without a hearing, so much of defendant’s omnibus motion as sought dismissal of the indictment on due process grounds due to a nine-month preindictment delay (see, People v Fuller, 57 NY2d 152, 159-160; People v Singer, 44 NY2d 241, 253-255; People v Staley, 41 NY2d 789; People v King, 114 AD2d 650; People v Bonsauger, 91 AD2d 1001). Lazer, J. P., Mangano, Brown and Lawrence, JJ., concur.

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— Appeal by defendant from a judgment of the Supreme Court, Kings County (Juviler, J.), rendered November 1, 1983, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial (Feldman, J.), without a hearing, of so much of defendant’s omnibus motion as sought dismissal of the indictment.

Judgment affirmed.

Under the circumstances herein, Criminal Term did not err in denying, without a hearing, so much of defendant’s omnibus motion as sought dismissal of the indictment on due process grounds due to a nine-month preindictment delay (see, People v Fuller, 57 NY2d 152, 159-160; People v Singer, 44 NY2d 241, 253-255; People v Staley, 41 NY2d 789; People v King, 114 AD2d 650; People v Bonsauger, 91 AD2d 1001). Lazer, J. P., Mangano, Brown and Lawrence, JJ., concur.

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Bluebook (online)

116 A.D.2d 739, 498 N.Y.S.2d 330, 1986 N.Y. App. Div. LEXIS 51593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hodges-nyappdiv-1986.

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