People ex rel. Buckley v. Bentley

Appellate Division of the Supreme Court of New York

People ex rel. Buckley v. Bentley

161 A.D.2d 1202, 555 N.Y.S.2d 528, 1990 N.Y. App. Div. LEXIS 9229

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

DecidedMay 11, 1990

StatusPublished

This text of 161 A.D.2d 1202 (People ex rel. Buckley v. Bentley) 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 ex rel. Buckley v. Bentley, 161 A.D.2d 1202, 555 N.Y.S.2d 528, 1990 N.Y. App. Div. LEXIS 9229 (N.Y. Ct. App. 1990).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: The court correctly dismissed relator’s writ of habeas corpus challenging a warrant for his extradition to Pennsylvania. Relator’s uncorroborated testimony that he was not in the demanding state on the date of the crime and his attacks on the credibility of a witness did not constitute conclusive proof that he was not a fugitive (cf., People ex rel. Higley v Millspaw, 281 NY 441, 447). We find no abuse of discretion in the denial of relator’s discovery motion (see, CPLR 408, 7001). (Appeal from judgment of Chautauqua County Court, Adams, J.—habeas corpus.) Present—Denman, J. P., Boomer, Pine, Davis and Lowery, JJ.

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Judgment unanimously affirmed. Memorandum: The court correctly dismissed relator’s writ of habeas corpus challenging a warrant for his extradition to Pennsylvania. Relator’s uncorroborated testimony that he was not in the demanding state on the date of the crime and his attacks on the credibility of a witness did not constitute conclusive proof that he was not a fugitive (cf., People ex rel. Higley v Millspaw, 281 NY 441, 447). We find no abuse of discretion in the denial of relator’s discovery motion (see, CPLR 408, 7001). (Appeal from judgment of Chautauqua County Court, Adams, J.—habeas corpus.) Present—Denman, J. P., Boomer, Pine, Davis and Lowery, JJ.

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Bluebook (online)

161 A.D.2d 1202, 555 N.Y.S.2d 528, 1990 N.Y. App. Div. LEXIS 9229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-buckley-v-bentley-nyappdiv-1990.

Opinion

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