Rosenblatt , District Attorney William V. Grady of counsel , for respondents. The relator Thomas O'Dell has been charged with being a fugitive from justice in that he committed three crimes in the State of Florida, fled therefrom, and has taken refuge in the State of New York.
He contests his extradition by petition and writ of habeas corpus, and a hearing has been held to determine whether he should be surrendered to the Florida authorities. The People offered into evidence a number of exhibits, namely, 1 the written demand for extradition executed by the Governor of the State of Florida alleging that the accused was present in that State at the time of the commission of the alleged crimes, and that thereafter he fled from the State, which demand was accompanied by a copy of an information charging the three crimes, supported by an affidavit of the Acting State Attorney, Fourth Judicial Circuit of Florida, an affidavit of a detective in the Duval County Sheriff's office made before a Judge of the Circuit Court for Duval County, Florida, and a copy of the warrant of the Duval County Circuit Court People's Exhibit 1 , which said documents have been authenticated by the Circuit Court Clerk and the Circuit Court Judge of Duval County CPLR , subds [a], [c] , as well as authenticated by the executive authority of the State of Florida, namely the Governor thereof CPL Jackson v Ruthazer , Misc.
Arnold v Hoy , 32 Misc. These exhibits numbered 1, 2 and 3 are presumptive evidence that the crimes for which the relator is sought are crimes under the law of the State of Florida People ex rel. Corkran v Hyatt , N.
4th Judicial Circuit Court - Welcome
Higley v Millspaw , N. Also received in evidence were fingerprint charts of the Dutchess County Sheriff's office when the defendant was fingerprinted on April 12, People's Exhibit 5 and on February 12, People's Exhibit 7 as well as a photo of the defendant taken on February 12, People's Exhibit 6. This court reserved decision on the admissibility of People's Exhibit 4, purporting to be an affidavit by J.
Parmenter sworn to before a Circuit Judge for Duval County in which he attests that he took photographs of Thomas O'Dell, attaching the same, and avers that the attached copy of fingerprints are those of Thomas O'Dell on file in the Duval County Sheriff's office, which records have been authenticated as true and correct copies of the official records in the case of the State of Florida vs Thomas O'Dell, Case No.
Significantly the case number in People's Exhibit 1 and People's Exhibit 4 are identical. The provisions of CPLR provide that copies of an official record of the court of another State are prima facie evidence of such record when attested as correct by an officer having legal custody of such record. The certificate signed by the Clerk of the Duval County Circuit Court, with his seal affixed, and the certificate by the Circuit Court Judge that the Clerk is the proper custodian of the files and records of said court, and that the signature of the Clerk is his genuine signature and the seal attached thereto is the genuine and authentic seal of said court, meet the requirements of CPLR , and accordingly People's Exhibit 4 is admitted into evidence.
The witness Joseph C.
Doell, a fingerprint expert, testified that the fingerprints in People's Exhibit 4 and People's Exhibit 7 are of the same person, namely, the relator, and thus this court is satisfied by clear and convincing proof that this relator is the same person whose return to Florida is demanded People's Exhibit 1. Furthermore, the relator has failed to meet his burden of proof by demonstrating by clear and conclusive evidence that he was not in the demanding State when the crimes were committed People ex rel.
Higley v Millspaw , supra ; People ex rel. Harris v Warden , 42 A. Farbe v Warden , 42 A. The user is advised to search on all possible spelling variations of proper names, in order to maximize search results. The County shall not be liable for errors contained herein or for any damages in connection with the use of the information contained herein. If you choose not to accept the conditions stated above please exit this search application.
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