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PEOPLE EX REL. McDANIEL v. BERBARY

35 A.D.3d 1172 (2006)

828 N.Y.S.2d 741

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JULIUS McDANIEL, Appellant, v. JAMES L. BERBARY, as Superintendent of Collins Correctional Facility, et al., Respondents.

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

Decided December 22, 2006.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioner was released on parole in September 2003 and arrested in California on a parole violation warrant on March 19, 2004. On March 23, 2004, the San Mateo County Sheriff's Office faxed a form to the New York State Division of Parole (Division) indicating that petitioner had waived extradition. Petitioner was returned to New...

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