MATTER OF GRUBER v. MORGENTHAU


273 A.D.2d 135 (2000)

709 N.Y.S.2d 184

In the Matter of LEONARD GRUBER, Appellant, v. ROBERT MORGENTHAU et al., Respondents.

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

Decided June 20, 2000.


Extradition of petitioner to Oregon was properly granted and there is no basis upon which to sustain the writ of habeas corpus and vacate the warrant. The errors contained in the prior warrants were corrected and the one signed by the Governor and presented to the court complied with CPL 570.08 and 570.16 in all respects. Specifically, the corrected papers clearly sought discretionary extradition of a person not present in the demanding State at the time of the crime pursuant...

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