People ex rel. Peterkin v. Warden of House of Detention for Men

Appellate Division of the Supreme Court of New York

People ex rel. Peterkin v. Warden of House of Detention for Men

199 A.D.2d 560, 608 N.Y.S.2d 110

Appellate Division of the Supreme Court of the State of New York·Decided December 27, 1993·Published

Opinion

In a habeas corpus proceeding, the appeal is from a judgment of the Supreme Court, Kings County (Moskowitz, J.), dated January 15,1993, which denied the writ.

[561]*561Ordered that the judgment is affirmed, without costs or disbursements, and the stay contained in the judgment is vacated forthwith.

The court properly determined that the petitioner is a fugitive, subject to mandatory extradition by the Governor pursuant to CPL 570.06 (see, People ex rel. Strachan v Colon, 77 NY2d 499; People ex rel. Quarterman v Commissioner of N. Y. City Dept. of Correction, 183 AD2d 736). The petitioner’s contention that he is entitled to a hearing in New York on his prospective constitutional claims is without merit (see, People ex rel. Strachan v Colon, supra). Bracken, J. P., Balletta, O’Brien and Pizzuto, JJ., concur.

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In a habeas corpus proceeding, the appeal is from a judgment of the Supreme Court, Kings County (Moskowitz, J.), dated January 15,1993, which denied the writ.

[561]*561Ordered that the judgment is affirmed, without costs or disbursements, and the stay contained in the judgment is vacated forthwith.

The court properly determined that the petitioner is a fugitive, subject to mandatory extradition by the Governor pursuant to CPL 570.06 (see, People ex rel. Strachan v Colon, 77 NY2d 499; People ex rel. Quarterman v Commissioner of N. Y. City Dept. of Correction, 183 AD2d 736). The petitioner’s contention that he is entitled to a hearing in New York on his prospective constitutional claims is without merit (see, People ex rel. Strachan v Colon, supra). Bracken, J. P., Balletta, O’Brien and Pizzuto, JJ., concur.

People ex rel. Peterkin v. Warden of House of Detention for Men, 199 A.D.2d 560, 608 N.Y.S.2d 110 (N.Y. Ct. App. 1993).

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199 A.D.2d 560 (People ex rel. Peterkin v. Warden of House of Detention for Men) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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