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PEOPLE EX REL. HERVEY v. OSLWYN

51 A.D.2d 519 (1976)

The People of the State of New York, ex rel. Virgil Hervey, on Behalf of Joseph Mulligan, Appellant, v. Morris Oslwyn, as Warden of The New York City Adolescent Reception/Detention Center, Respondent

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

January 20, 1976

The sole issue raised by the relator was his presence in the demanding State at the time of the alleged crime. On this point the evidence was conflicting. The trial court believed the evidence that relator was in the demanding State. Relator has failed to sustain his burden of proof by clear and convincing evidence that he was not in the demanding State at the time. (People ex rel. Harris v Warden, 42 A.D.2d 549.) An alibi defense...

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