PEOPLE EX REL. WITTY v. WARDEN OF RIKERS ISLAND CORR. FACILITY


248 A.D.2d 333 (1998)

670 N.Y.S.2d 472

The People of the State of New York ex rel. Frank Witty, Appellant, v. Warden of Rikers Island Correctional Facility, Respondent

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

March 31, 1998


Since petitioner did not raise this specific issue before the writ court, his contention that commencement of a third extradition effort was barred by CPLR 3217 (c), as twice previously discontinued, has not been preserved for appellate review. Were we to review this claim, we would find it to be without merit. Reading the statutory scheme concerning extradition as a whole and in light of the unique characteristics of extradition (see, CPL 570.48, 570.64), we do not...

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