Legal Opinion

People ex rel. Cooper v. Lombard

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

Decided July 5, 1974PublishedCited by 9 opinions

1Opinion of the Court

—•Judgment unanimously reversed and matter remitted to Monroe County Court for further proceedings in accordance with the following memorandum: Relator appeals from the judgment dismissing his writ of habeas corpus in this extradition proceeding wherein it appears that each of the two warrants of arrest issued by the Magistrate (on September 15, 1973 and September 20, 1973) in the demanding State rests upon an affidavit. The affidavit in support of one warrant was expressly made on information and belief and was conclusory in form and without statement of supporting facts. The affidavit in…

2Cases cited5 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. Wolf v. ColoradoSupreme Court of the United States · 1949
  3. People Ex Rel. Higley v. MillspawNew York Court of Appeals · 1939
  4. Oliver Lee Kirkland and Elizabeth Smith v. Paul H. Preston and Luke MooreCourt of Appeals for the D.C. Circuit · 1967
  5. People Ex Rel. Gellis v. SheriffNew York Court of Appeals · 1929

3Cited by9 opinions

  1. Wilbanks v. StateSupreme Court of Kansas · 1978
  2. People v. DoranMichigan Supreme Court · 1977
  3. Wellington v. StateSouth Dakota Supreme Court · 1976
  4. Olson v. ThurstonSupreme Judicial Court of Maine · 1978
  5. People ex rel. Cook v. GavelAppellate Division of the Supreme Court of the State of New York · 1976

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