People ex rel. Green v. Nenna
| Decision Date | 07 May 1965 |
| Citation | 279 N.Y.S.2d 324,53 Misc.2d 525 |
| Parties | The PEOPLE of the State of New York ex rel. James P. GREEN, Relator, v. Albert NENNA, as Warden of the Manhattan House of Detention for Men,Respondent. |
| Court | New York Supreme Court |
Frank S. Hogan, Dist. Atty., New York County (Laurence Leff, New York City, of counsel), for the People.
Anthony F. Marra and Harold Rothwax, New York City, for defendant.
The petitioner, James Paul Green, by writ of habeas corpus, petitions for his release. He urges that he is presently imprisoned and restrained in the New York City Prison at 125 White Street, Borough of Manhattan, City and County of New York.
It seems that petitioner is on parole from a two to twenty year sentence in the State of California. He came to this State where he was convicted of another crime and, on November 16, 1964, completed a sixty-day sentence in the New York City Prison. Since completion of that sixty-day sentence he has been held as a parole violator answerable to the State of California on a commitment issued by the New York State Department of Parole acting as agent for the State of California.
Under our statutes 843, 844 and 846 of the Code of Criminal Procedure, the full limit of time for his detention (ninety days) has long since expired. He has been in continuous custody for over one hundred and thirty-five days. He was not arraigned as a parole violator from the State of California until March 30, 1965.
The Court has before it in evidence an original order signed by the Governor of this State to the Police Commissioner for the arrest of the said James Paul Green which is dated the 11th day of March, 1965. This is predicated upon an original order dated February 23, 1965 signed by Governor Brown of the State of California, authorizing and demanding the extradition of the said James Paul Green. There is also at hand a mandate from the Governor of the State of New York dated the 11th day of March, 1965 honoring the request of the Governor of the State of California for the surrender of James Paul Green, and his delivery to the correctional officer of the demanding State, California.
Petitioner urges that by reason of his detention beyond the ninety days set forth in the statute, supra, the Court has lost jurisdiction of his person. There is no authority for this contention. While it is true that any time beyond the ninety days aforementioned and prior to the...
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...extradited pursuant to a valid governor's warrant issued subsequent to the expiration of the 90-day period. 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 (1965), aff'd 17 N.Y.2d 815, 271 N.Y.S.2d 267, 218 N.E.2d 311 (1966); Mil......
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...be in this vulnerable position to set limits. On the question of jurisdiction, case law is sparse. However, in People ex rel. Green v. Nenna, 53 Misc.2d 525, 279 N.Y.S.2d 324, affirmed 24 A.D.2d 936, 264 N.Y.S.2d 211, affirmed 17 N.Y.2d 815, 271 N.Y.S.2d 267, 218 N.E.2d 311, a parallel issu......
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