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PEOPLE EX REL. BLAKE v. PATAKI

13 N.Y.3d 912 (2010)

895 N.Y.S.2d 283

2010 NY Slip Op 193

THE PEOPLE OF THE STATE OF NEW YORK ex rel. HOWARD GLENN BLAKE, Alleged to be LARRY WAYNE BARNETT, Appellant, v. GEORGE E. PATAKI, as Governor of the State of New York, Respondent.

Court of Appeals of New York.

Decided January 12, 2010.

Attorney(s) appearing for the Case

Harry H. Kuttner, Jr., Mineola, for appellant.

Thomas J. Spota, District Attorney, Riverhead (Michael Blakey of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs. The certified question should not be answered upon the ground that it is unnecessary.

Once a governor of an asylum state has granted extradition, a court considering release on habeas corpus must decide "(a) whether the extradition documents on their face are in order; (b) whether the petitioner has been charged with a crime in the demanding state...

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