People ex rel. Friedman v. Commissioner of New York City Department of Correction

Appellate Division of the Supreme Court of New York

People ex rel. Friedman v. Commissioner of New York City Department of Correction

68 A.D.2d 855, 414 N.Y.S.2d 557, 1979 N.Y. App. Div. LEXIS 11067

Appellate Division of the Supreme Court of the State of New York·Decided March 22, 1979·Published

Opinion

Judgment, Supreme Court, New York County, entered July 13, 1978 dismissing petitioner-appellant’s writ of habeas corpus challenging extradition of Whitney Chase to the Commonwealth of Massachusetts is reversed, on the law, and the writ is granted, without costs. Earlier we stayed execution of the extradition warrant to afford the Commonwealth an opportunity to specify the week when Chase is claimed to have committed the crime giving rise to the warrant. (People ex rel. Friedman v Commissioner of N. Y. City Dept, of Correction, 66 AD2d 689.) [856]*856Respondent District Attorney having reported that the Commonwealth of Massachusetts is unable to so specify, the warrant of extradition must be vacated. Concur—Murphy, P. J., Fein, Markewich and Yesawich, JJ.

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Judgment, Supreme Court, New York County, entered July 13, 1978 dismissing petitioner-appellant’s writ of habeas corpus challenging extradition of Whitney Chase to the Commonwealth of Massachusetts is reversed, on the law, and the writ is granted, without costs. Earlier we stayed execution of the extradition warrant to afford the Commonwealth an opportunity to specify the week when Chase is claimed to have committed the crime giving rise to the warrant. (People ex rel. Friedman v Commissioner of N. Y. City Dept, of Correction, 66 AD2d 689.) [856]*856Respondent District Attorney having reported that the Commonwealth of Massachusetts is unable to so specify, the warrant of extradition must be vacated. Concur—Murphy, P. J., Fein, Markewich and Yesawich, JJ.

People ex rel. Friedman v. Commissioner of New York City Department of Correction, 68 A.D.2d 855, 414 N.Y.S.2d 557, 1979 N.Y. App. Div. LEXIS 11067 (N.Y. Ct. App. 1979).

Pincite

68 A.D.2d 855 (People ex rel. Friedman v. Commissioner of New York City Department of Correction) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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