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PEOPLE EX REL. SHURBURT v. NOBLE

4 A.D.2d 649 (1957)

The People of the State of New York ex rel. Robert Shurburt, Respondent, v. Henry J. Noble, as Warden of the City Prison of the City and County of New York, Respondent, and The People of the State of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 17, 1957.

Attorney(s) appearing for the Case

William Rand, Jr., of counsel (Charles W. Manning with him on the brief; Frank S. Hogan, District Attorney, New York County, attorney), for appellant.

Archibald Palmer of counsel (Palmer, Masia & Palmer, attorneys), for respondent.

BREITEL, J. P., VALENTE, BERGAN and BASTOW, JJ., concur.

BOTEIN, J.

In a habeas corpus proceeding to determine the sufficiency of a warrant of extradition, the scope of the inquiry by the courts of this State is restricted to whether the prisoner is the person named in the warrant, whether he was in the demanding State at the time of the crime, and whether he is substantially charged with having committed a crime under the laws of the demanding jurisdiction. (People...

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