Appellate Division of the Supreme Court of New York, 1981

People ex rel. Mesias v. Gray

People ex rel. Mesias v. Gray
Appellate Division of the Supreme Court of New York · Decided January 23, 1981
79 A.D.2d 1014; 435 N.Y.S.2d 327; 1981 N.Y. App. Div. LEXIS 9918
People ex rel. Mesias v. Gray

Opinion of the Court

In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Westchester County, dated January 13, 1981, dismissing the writ. Judgment affirmed, without costs or disbursements. The hearsay allegations of petitioner’s counsel that his client was present in New York at the time of the commission in the demanding State of the underlying crime are insufficient to require a hearing in light of the almost conclusive showing by the People of petitioner’s presence in the demanding State. Hopkins, J. P., Titone, Rabin and Weinstein, JJ., concur.

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