PEOPLE EX REL. MILLER v. KRUEGER


35 A.D.2d 743 (1970)

The People of the State of New York ex rel. Dale Miller, Appellant, v. Arthur E. Krueger, as Warden of Nassau County Jail, Respondent

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

October 26, 1970


Judgment reversed, on the law, without costs, and proceeding remitted to the Special Term for a further hearing, in accordance with the views set forth herein.

The questions of fact have not been considered. The affidavit of Sheriff Baker upon which the extradition warrant was founded failed to establish probable cause on an in-state basis (People v. Artis, 32 A.D.2d 554; People ex rel. Gatto v. District Attorney of Richmond...

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