Legal Opinion

People ex rel. Schank v. Gerace

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

Decided July 3, 1997PublishedCited by 9 opinions

1Opinion of the Court

*383OPINION OF THE COURT

Denman, P. J.

Relator, William N. Schank, commenced this proceeding pursuant to CPLR article 70 to test the legality of his detention pursuant to an extradition warrant signed by the Governor of this State, and to prevent his extradition to Alabama to serve a sentence of life imprisonment imposed on a 1975 conviction for murder. This is the fifth extradition request concerning relator and the fifth habeas corpus proceeding commenced by him in the 15 years since he was mistakenly released by Alabama prison authorities.

Respondent, the Chautauqua County Sheriff, appeals from a…

2Cases cited77 opinions

  1. Michigan v. DoranSupreme Court of the United States · 1978
  2. Roberts v. ReillySupreme Court of the United States · 1885
  3. Reilly v. ReidNew York Court of Appeals · 1978
  4. Biddinger v. Commissioner of Police of City of New YorkSupreme Court of the United States · 1917
  5. Appleyard v. MassachusettsSupreme Court of the United States · 1906

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3Cited by9 opinions

  1. Clark v. Commissioner of CorrectionSupreme Court of Connecticut · 2007
  2. Boudreaux v. StateCourt of Appeals of Utah · 1999
  3. People ex rel. Witty v. Warden of Rucers Island Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 1998
  4. Laverty v. StateCourt of Appeals of Alaska · 1998
  5. James D. Perron v. Lisa Menard, CommissionerSupreme Court of Vermont · 2017

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