PEOPLE EX REL. WALKER v. MOSCICKI


252 A.D.2d 992 (1998)

677 N.Y.S.2d 832

The People of the State of New York ex rel. Marvin Walker, Appellant, v. Ronald Moscicki, as Superintendent of Lakeview Correctional Facility, Respondent

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

July 8, 1998


Judgment unanimously affirmed without costs.

Memorandum:

Petitioner commenced this CPLR article 70 proceeding for a writ of habeas corpus, contending that his imprisonment violates his right to due process under the US and NY Constitutions. He contends that New York waived jurisdiction over him upon its failure to extradite him from Texas in 1990 and based upon the delay of almost eight years in the execution of his sentence.

It is undisputed that...

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