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People ex rel. Gadson v. Hoy

Appellate Division of the Supreme Court of New York, Second Department
Mar 21, 1955
285 App. Div. 974 (N.Y. App. Div. 1955)

Opinion

March 21, 1955.


Appeal by relator from an order dismissing a writ of habeas corpus and remanding Willie Morgan to custody. Order affirmed. In our opinion the provisions of section 329 of the Civil Practice Act are inapplicable to a demand in extradition proceedings and the papers are sufficiently authenticated if they comply with the provisions of section 830 of the Code of Criminal Procedure. (Cf. People ex rel. Levin v. Warden of Women's Prison, 188 Misc. 307, 309, affd. 271 App. Div. 951; Lee Won Sing v. Cottone, 123 F.2d 169, 172; Ex Parte Paulson, 168 Or. 457, and Wilson v. Turner, 168 Kan. 1.) We are also of the opinion that the question of the violation of the fugitive's constitutional rights in the demanding State may not be heard or determined in this proceeding. ( People ex rel. Johnson v. Ruthazer, 198 Misc. 1044, affd. 278 App. Div. 905; Sweeney v. Woodall, 344 U.S. 86; Johnson v. Matthews, 182 F.2d 677, certiorari denied 340 U.S. 828; cf. People ex rel. Higley v. Millspaw, 281 N.Y. 441, 445.) MacCrate, Acting P.J., Schmidt, Beldock, Murphy and Ughetta, JJ., concur.


Summaries of

People ex rel. Gadson v. Hoy

Appellate Division of the Supreme Court of New York, Second Department
Mar 21, 1955
285 App. Div. 974 (N.Y. App. Div. 1955)
Case details for

People ex rel. Gadson v. Hoy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. HENRIETTA GADSON, on Behalf of…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 21, 1955

Citations

285 App. Div. 974 (N.Y. App. Div. 1955)

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