People ex rel. Swanston v. Pelkey

Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), entered July 1, 2005, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, after a hearing.

In June 2003, a grand jury in Arizona indicted petitioner for the crime of fraudulent schemes and artifices, a class 2 felony, alleging that petitioner defrauded 14 individuals in violation of Arizona laws. Petitioner was located in the Town of Malone, Franklin County, and arrested pursuant to a warrant for extradition issued by the Governor of New York for the return…