People v. Hodge

OPINION OF THE COURT

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 to GPL 180.10 (subd 2), was conducted in the absence of retained counsel. For the reasons which follow, we hold that he is and that the appropriate corrective action…