People ex rel. Walker v. Moscicki

—Judgment unanimously affirmed without costs. Memorandum: Petitioner commenced this CPLR article 70 proceeding for a writ of habeas corpus, contending that his imprisonment violates his right to due process under the US and NY Constitutions. He contends that New York waived jurisdiction over him upon its failure to extradite him from Texas in 1990 and based upon the delay of almost eight years in the execution of his sentence.

It is undisputed that petitioner was arrested on March 29, 1989 on drug charges and that his trial commenced in Queens County Supreme Court in October 1989. On October…