PEOPLE (SCHANK) v. GERACE


231 A.D.2d 380 (1997)

661 N.Y.S.2d 403

The People of the State of New York ex rel. William N. Schank, Respondent, v. Joseph Gerace, as Chautauqua County Sheriff, Appellant

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

July 3, 1997


Attorney(s) appearing for the Case

James P. Subjack, District Attorney of Chautauqua County, Mayville, for appellant.

David Jay, Buffalo, for respondent.

GREEN, DOERR, BALIO and FALLON, JJ., concur.


DENMAN, P. J.

Relator, William N. Schank, commenced this proceeding pursuant to CPLR article 70 to test the legality of his detention pursuant to an extradition warrant signed by the Governor of this State, and to prevent his extradition to Alabama to serve a sentence of life imprisonment imposed on a 1975 conviction for murder. This is the fifth extradition request concerning relator and the fifth habeas corpus...

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