People Ex Rel. Fong v. Honeck

171 N.E. 771 | NY | 1930

In each proceeding order of the Appellate Division reversed and those of the Special Term affirmed, without costs, on the ground that the relator has not conclusively *537 established that he was not present in the demanding State at the time of the commission of the crime (People ex rel. Gottschalk v. Brown, 237 N.Y. 483, 486; Biddinger v. Commissioner ofPolice, 245 U.S. 128); no opinion.

Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ.