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PEOPLE EX REL. MONASTRA v. DAMON

33 A.D.2d 944 (1970)

The People of the State of New York ex rel. William Monastra, Appellant, v. Daniel E. Damon, as Superintendent of Elmira Reformatory, Respondent

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

January 22, 1970

SWEENEY, J.

Relator was committed to Elmira Reformatory for a July, 1966 conviction of attempted burglary in the third degree. On February 21, 1967 he was released for extradition to Ohio on the express condition that he be returned to New York after termination of the Ohio prosecution. Concededly, he was not afforded the hearing prescribed by section 838 of the Code of Criminal Procedure. After conviction in...

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