People ex Rel. Rudin v. Ward

4 Citing cases

  1. People ex rel. George v. Howard

    2013 N.Y. Slip Op. 23239 (N.Y. 2013)

    It is well established that probable cause for the issuance of an extradition warrant may rest upon hearsay evidence. State ex rel Rudin on Behalf of Bond v. Ward, 112 Misc 2d 62; People ex rel Donohoe v. Andrews, 104 Misc 2d 384; People v. Miller, 74 Misc 2d 806. The fact that the persons providing the hearsay information were identified in the Supplements to Deputy Michael's affidavit satisfies the requirement that the sources of hearsay utilized be identified.

  2. People v. Howard

    970 N.Y.S.2d 662 (N.Y. Cnty. Ct. 2013)

    It is well established that probable cause for the issuance of an extradition warrant may rest upon hearsay evidence. State ex rel. Rudin on Behalf of Bond v. Ward, 112 Misc.2d 62, 445 N.Y.S.2d 1002; People ex rel. Donohoe v. Andrews, 104 Misc.2d 384, 428 N.Y.S.2d 384; People v. Miller, 74 Misc.2d 806, 342 N.Y.S.2d 288. The fact that the persons providing the hearsay information were identified in the Supplements to Deputy Michael's affidavit satisfies the requirement that the sources of hearsay utilized be identified.

  3. People ex Rel. Kotch v. Dist. Attorney

    170 A.D.2d 632 (N.Y. App. Div. 1991)   Cited 10 times

    Moreover, in order to ensure the expeditious processing of an extradition request, the courts may, within due process constraints, relax formal evidentiary requirements applicable to criminal trials (see, United States ex rel. Vitiello v Flood, 374 F.2d 554, 557-558; People ex rel. Semexant v Warden of Corrections of City of N.Y., supra). Thus, hearsay evidence may be admissible (see, Bingham v Bradley, 241 U.S. 511, 517; People ex rel. Rudin v Ward, 112 Misc.2d 62, 69-70) and, indeed, the affidavit used to support extradition may be based upon hearsay (see, United States ex rel. Vitiello v Flood, supra, at 556-557; People ex rel. Semexant v Warden of Corrections of City of N.Y., supra, at 204). At bar, a properly certified Florida Information charged the petitioner with violating Florida Statutes Annotated ยง 794.011 (2), a felony.

  4. People ex rel Semexant v. Warden

    133 Misc. 2d 202 (N.Y. Sup. Ct. 1986)   Cited 3 times

    (United States ex rel. Vitiello v Flood, 374 F.2d 554, 557-558 [2d Cir 1967].) For example, hearsay is admissible. (Bingham v Bradley, 241 U.S. 511, 517; Escobedo v United States, 623 F.2d 1098, 1102 [5th Cir 1980], cert denied 449 U.S. 1036; People ex rel. Rudin v Ward, 112 Misc.2d 62 [Sup Ct, N Y County 1981].) Likewise, witnesses need not be called to testify.