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PEOPLE EX REL. MALLIN v. WILSON

79 Misc.2d 575 (1974)

The People of the State of New York ex rel. Barry Mallin, on Behalf of Donald Beauchene, Petitioner, v. Malcolm Wilson, as Governor of the State of New York, et al., Respondents.

Supreme Court, Trial Term, New York County.

October 28, 1974

Attorney(s) appearing for the Case

William Gallagher and Barry Mallin for petitioner. Richard Kuh, District Attorney (Richard Printz of counsel), and John R. Atwood, Chief, Criminal Division, Department of the Attorney General, State of Maine, for respondent.

GEORGE F. ROBERTS, J.

This is a habeas corpus proceeding to determine the sufficiency of a warrant of extradition.

The relevant facts are not in dispute. Petitioner was acquitted of the crime of murder by reason of mental disease or defect in Maine in June of 1970. Pursuant to section 103 of title 15 of the Maine Revised Statutes Annotated (Me. Rev. Stat., tit. 15, § 103) the petitioner was then...

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