PEOPLE EX REL. BUCKLEY v. BENTLEY


161 A.D.2d 1202 (1990)

The People of the State of New York ex rel. Jay William Buckley, Appellant, v. John Bentley, as Sheriff of The County of Chautauqua, Respondent

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

May 11, 1990


Judgment unanimously affirmed.

Memorandum:

The court correctly dismissed relator's writ of habeas corpus challenging a warrant for his extradition to Pennsylvania. Relator's uncorroborated testimony that he was not in the demanding state on the date of the crime and his attacks on the credibility of a witness did not constitute conclusive proof that he was not a fugitive (cf., People ex rel. Higley v Millspaw, 281 N.Y. 441, 447). We find no abuse...

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