Opinion
June 16, 1992
Appeal from the Supreme Court, Bronx County (Harold Silverman, J.).
The extradition papers and their supporting papers and affidavits sufficiently established, prima facie, that petitioner was the individual sought and was in the Commonwealth of Virginia at the time the alleged crime was committed (see, People ex rel. Drake v. Oslwyn, 51 A.D.2d 240). Petitioner failed to rebut this prima facie case by clear and convincing evidence (supra). While petitioner challenges certain elements of the charged crimes, said challenges are for the demanding State to resolve (see, People ex rel. Shurburt v. Noble, 4 A.D.2d 649).
Concur — Rosenberger, J.P., Ellerin, Wallach, Kupferman and Rubin, JJ.