People ex rel. Degina v. Delaney

In a habeas corpus proceeding, petitioner appeals from a judgment of the County Court, Westchester County, dated July 3, 1975, which dismissed the proceeding and denied his application to dismiss an extradition warrant issued by the Governor of the State of New York. Judgment reversed, on the law, without costs or disbursements, and proceeding remitted to the County Court for the purpose of holding a hearing and rendering a new determination in accordance herewith. A hearing is required to resolve the factual issue of whether relator was present in the demanding State when the crime charged…