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UNITED STATES v. KOSON

No. 70 Civ. 2875.

315 F.Supp. 1 (1970)

UNITED STATES of America ex rel. Leo ROBINSON, Relator, v. Alexander KOSON, Warden, New York City House of Detention for Men, Respondent.

United States District Court, S. D. New York.

July 15, 1970.

Attorney(s) appearing for the Case

Milton Adler, New York City, for relator; William A. Nelson, Legal Aid Society, Criminal Appeals Bureau, New York City, of counsel.

Frank S. Hogan, Dist. Atty., New York County, New York City, for respondent; Kenneth McCulloch, Asst. Dist. Atty., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Petitioner seeks his release by way of a federal writ of habeas corpus upon a claim that an extradition warrant and supporting affidavits presented by the State of Florida for his return there as a fugitive, and favorably acted upon by New York State, are void since they fail to show probable cause that he committed the crime charged. Accordingly, he contends his present detention by New York State for the purpose...

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