PEOPLE EX REL. DRAGON v. TROMBLEY


79 A.D.2d 768 (1980)

The People of the State of New York ex rel. Maxwell Dragon, Appellant, v. Russell Trombley, as Sheriff of Clinton County, Respondent

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

December 18, 1980


On this record, which contains conflicting evidence, petitioner has failed to conclusively demonstrate that he was not present in the State of Maine at the time of the commission of the alleged crime of arson. Indeed, rebuttal testimony called into serious question the testimony of a key witness for petitioner. Absent such conclusive proof, the warrant of extradition must be honored. The judgment should, therefore, be affirmed (People ex rel. Higley v Millspaw, 281...

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