People ex rel. Green v. Nenna
| Decision Date | 02 June 1966 |
| Parties | , 218 N.E.2d 311 PEOPLE, etc. ex rel. James P. GREEN, Appellant, v. Hon. Albert NENNA, as Warden of the Manhattan House of Detention for Men, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 24 A.D.2d 936, 264 N.Y.S.2d 211.
Frank S. Hogan, New York City (Michael Juviler, Michael R. Stack, New York City, of counsel), for respondent.
The relator brought habeas corpus proceeding against the Warden of the Manhattan House of Detention for Men.
The relator had been paroled by California in 1963 after serving part of a sentence and had been given permission by the California Parole Board to live in New York. Parole supervision over the relator was transferred to the New York State Parole Board under Section 224 of the Correction Law, Consol. Laws, c. 43. The relator, while on parole, pleaded guilty in the New York City Criminal Court to a misdemeanor and was sentenced to imprisonment of 60 days. He had already been in jail 63 days awaiting trial and, under ordinary circumstances, would have been released, but was taken to the Manhattan House of Detention as a violator of his California parole, without legal process having been issued to require that he be so held. He was detained there from November 16, 1964 until March 30, 1965 when he was arraigned for extradition on a warrant signed by the New York Governor. The California Governor on February 23, 1965, executed a formal request for the relator and appointed an agent to receive relator as a fugitive from justice. The New York Governor on March 11, 1965 honored the California Governor's requisition and issued a warrant for arrest of the relator.
The Supreme Court, Special and Trial Term, New York County, Irwin D. Davidson, J., entered an order denying the application for writ of habeas corpus, and the relator appealed.
The Appellate Division entered an order affirming the order of the Special and Trial Term.
The relator appealed to the Court of Appeals, contending that because the New York Governor issued a warrant for the relator's extradition more than 90 days after relator's incarceration, the warrant was void under Section 844 of the Code of Criminal Procedure providing that a fugitive from justice may be committed to the county jail for not more than 30 days and under Section 846 of the Code of Criminal Procedure providing that if, by time of expiration of the 30 days, the accused...
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People v. Doran, 18
... ... People ex rel. Green v. Nenna, 53 Misc.2d 525, 279 N.Y.S.2d 324 (1965); aff'd 24 A.D.2d 936, 264 N.Y.S.2d 211 ... ...
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