PEOPLE EX REL. BATTLE v. GRAY


79 A.D.2d 1014 (1981)

The People of the State of New York ex rel. Frederick Allen Battle, Appellant, v. Albert Gray, as Commissioner of Westchester County Department of Corrections, et al., Respondents

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

January 23, 1981


Judgment reversed, on the law, without costs or disbursements, and proceeding remitted to the Supreme Court, Westchester County, for hearing and determination on the issue of whether petitioner was present in the demanding State when the underlying crimes of breaking and entering and larceny were allegedly committed.

In opposition to the People's hearsay evidence (a written statement by an alleged accomplice) of petitioner's presence in the demanding State at the...

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