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PEOPLE EX REL. WEISS v. MENNA

25 A.D.2d 399 (1966)

The People of the State of New York ex rel. George Weiss, Appellant, v. Albert Menna, as Warden of the Manhattan House of Detention for Men, Respondent

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

May 17, 1966.

Attorney(s) appearing for the Case

Arnold E. Wallach of counsel (Morris Kosut, attorney), for appellant.

John A. K. Bradley of counsel (H. Richard Uviller with him on the brief; Frank S. Hogan, District Attorney), for respondent.

BREITEL, J. P., and STEVENS, J., concur with McNALLY, J.; EAGER, J., dissents in opinion in which RABIN, J., concurs.

McNALLY, J.

This habeas corpus proceeding tests the validity of relator-appellant's detention under an executive warrant in extradition proceedings. The Governor of the State of Oregon represented to the Governor of the State of New York that relator is "a fugitive from justice" of the State of Oregon.

The Grand Jury of the County of Multnomah, State of Oregon, on February 26, 1965, handed down an indictment...

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