People ex rel. Shurburt v. Noble
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBotein, J.
In a habeas corpus proceeding to determine the sufficiency of a warrant of extradition, the scope of the inquiry by the courts of this State is restricted to whether the prisoner is the person named in the warrant, whether he was in the demanding State at the time of the crime, and whether he is substantially charged with having committed a crime under the laws of the demanding jurisdiction. (People ex rel. Hauptmann v. Hanley, 153 Misc. 61, atfd. 242 App. Div. 257; People ex rel. Pizzino v. Moran, 137 Misc. 905, affd. 231 App. Div. 724.)
The demand for extradition in this case is accompanied…
2Cases cited8 opinions
- Drew v. ThawSupreme Court of the United States · 1914
- Pierce v. CreecySupreme Court of the United States · 1908
- People Ex Rel. De Martini v. McLaughlinNew York Court of Appeals · 1926
- People Ex Rel. Gellis v. SheriffNew York Court of Appeals · 1929
- People Ex Rel. Hayes v. McLaughlinNew York Court of Appeals · 1928
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3Cited by7 opinions
- Welkes v. BrennanAppellate Division of the Supreme Court of the State of New York · 1980
- People v. KentNew York Supreme Court · 1986
- People ex rel. Fusco v. SeraNew York Supreme Court · 1984
- United States ex rel. Proctor v. New York & AlabamaDistrict Court, S.D. New York · 1964
- People ex rel. Sheehan v. District AttorneyAppellate Division of the Supreme Court of the State of New York · 1992
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