Judgment reversed, on the law, without costs or disbursements, and proceeding remitted to the County Court for the purpose of holding a hearing and rendering a new determination in accordance herewith.
A hearing is required to resolve the factual issue of whether relator was present in the demanding State when the crime charged was committed (see People ex rel. Higley v Millspaw, 281 N.Y. 441; People ex rel. Torre v Warden, House of Detention for Men, Dept...
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