People ex rel. Pirone v. Police Commissioner

15 A.D.2d 809, 225 N.Y.S.2d 257, 1962 N.Y. App. Div. LEXIS 11463

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 19, 1962
• Status: Published

Opinion

We find on this record that the relator failed to establish conclusively that he was not present in the demanding State at the time of the commission of the alleged crime. In the absence of such conclusive proof, the extradition warrant must be honored and the relator surrendered (People ex rel. Higley v. Millspaw, 281 N. Y. 441, 447; People ex rel. Fong v. Honeck, 253 N. Y. 536, and eases therein cited). Ughetta, Acting P. J., Christ, Brennan, Babin and Hopkins, JJ., concur.