PEOPLE EX REL. DRAKE v. OSLWYN


51 A.D.2d 240 (1976)

The People of the State of New York ex rel. Hiawatha Drake, Appellant, v. Morris Oslwyn, as Warden of The Detention Center for Men, Riker's Island, Respondent

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

March 1, 1976


Attorney(s) appearing for the Case

Judith Preble of counsel (William J. Gallagher and William E. Hellerstein, attorneys), for appellant.

Paula Van Meter of counsel (Peter L. Zimroth with her on the brief; Robert M. Morgenthau, District Attorney), for respondent.

STEVENS, P.J., KAUFMAN, MURPHY, SILVERMAN and LANE, JJ., concur.


Per Curiam.

Relator appeals from a judgment from the Supreme Court dismissing his petition for writ of habeas corpus in extradition proceedings instituted at the request of the Commonwealth of Pennsylvania.

The sole issue raised is the failure to introduce common-law evidence to support the extradition and in particular, to show the identity of the petitioner as the alleged fugitive. Extradition proceedings...

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