PEO EX REL LEWIS v. COMR.


100 Misc.2d 48 (1979)

The People of the State of New York ex rel. Samuel Lewis, Petitioner, v. Commissioner of Correction of the City of New York, Respondent.

Supreme Court, Trial Term, New York County.

April 2, 1979


Attorney(s) appearing for the Case

Ozro Thaddeus Wells for petitioner. Robert M. Morgenthau, District Attorney (Richard Lawrence Printz of counsel), for respondent, and for the State of Alabama.


IRVING LANG, J.

In this habeas corpus proceeding, petitioner contests his rendition to the State of Alabama to answer an indictment for securities fraud on two unusual grounds. First, he claims that no date is alleged in the indictment, thereby depriving him of the constitutional and statutory right to resist extradition on the ground that he was not in the demanding State at the time of the commission of the...

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