Legal Opinion

In re Failla

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

Decided August 30, 1982PublishedCited by 1 opinion

1Opinion of the Court

In a proceeding pursuant to CPL 640.10, James Failla appeals from an order of the Supreme Court, Richmond County (Broomer, J.), dated July 20, 1982, which directed him to appear before a New Jersey Grand Jury. Order affirmed, without costs or disbursements. Appellant’s primary contention is that he was denied a fair hearing because the demanding State, New Jersey, did not produce the Deputy Attorney-General who prepared the petition to the New Jersey court. At a hearing pursuant to CPL 640.10 (subd 2), the certification from the demanding State “shall be prima facie evidence of all the facts…

2Cases cited4 opinions

  1. State v. HarveyAppellate Division of the Supreme Court of the State of New York · 1960
  2. MATTER OF STATE OF WASHINGTON v. HarveyNew York Court of Appeals · 1960
  3. New Jersey v. GeogheganAppellate Division of the Supreme Court of the State of New York · 1980
  4. Superior Court of New Jersey v. ParserNew York Supreme Court · 1978

3Cited by1 opinion

  1. Wollesen v. StateCourt of Appeals of Georgia · 2000

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