Legal Opinion

People ex rel. Witty v. Warden of Rucers Island Correctional Facility

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

Decided March 31, 1998PublishedCited by 3 opinions

1Opinion of the Court

—Judgment, Supreme Court, Bronx County (Harold Silverman, J.), entered on or about June 16, 1997, which dismissed the petition for a writ of habeas corpus, unanimously affirmed, without costs.

Since petitioner did not raise this specific issue before the writ court, his contention that commencement of a third extradition effort was barred by CPLR 3217 (c), as twice previously discontinued, has not been preserved for appellate review. Were we to review this claim, we would find it to be without merit. Reading the statutory scheme concerning extradition as a whole and in light of the unique…

2Cases cited4 opinions

  1. People ex rel. Strachan v. ColonNew York Court of Appeals · 1991
  2. People ex rel. Schank v. GeraceAppellate Division of the Supreme Court of the State of New York · 1997
  3. Tortorello v. CarlinAppellate Division of the Supreme Court of the State of New York · 1990
  4. People ex rel. Brandolino v. HastingsAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by3 opinions

  1. People ex rel. Blake v. PatakiNew York Supreme Court · 2006
  2. ATM One, LLC v. EscobarNassau County District Court · 2002
  3. Matter of People of the State of New York ex rel. Jeremiah Griffin v. Warden, NYC Dept. of Corr.Appellate Division of the Supreme Court of the State of New York · 2025

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