Legal Opinion

Welkes v. Brennan

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

Decided December 11, 1980PublishedCited by 13 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 for, inter alia, an order directing that a hearing be held to determine if petitioner’s client is sufficiently fit to understand the nature of, and to assist counsel in, a pending extradition proceeding under CPL article 570. Petition granted, without costs or disbursements, and the matter is remitted to Criminal Term for a fitness proceeding in the nature of a proceeding pursuant to CPL article 730. Petitioner represents Leonel C. Faustino, who was arrested on a Governor’s warrant issued at the request of Florida authorities charging him with a…

2Cases cited5 opinions

  1. Kostic v. SmedleyAlaska Supreme Court · 1974
  2. Kellems v. BuchignaniCourt of Appeals of Kentucky (pre-1976) · 1974
  3. People v. MillerNew York Supreme Court · 1973
  4. People ex rel. Shurburt v. NobleAppellate Division of the Supreme Court of the State of New York · 1957
  5. People ex rel. Mallin v. WilsonNew York Supreme Court · 1974

3Cited by13 opinions

  1. Pruett v. BarrySupreme Court of Colorado · 1985
  2. People v. KentNew York Supreme Court · 1986
  3. People ex rel. Fusco v. SeraNew York Supreme Court · 1984
  4. State v. PattonSupreme Court of Kansas · 2008
  5. In Re Personal Restraint of Jian LiuCourt of Appeals of Washington · 2009

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