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PEOPLE STATE NEW YORK EX REL. JOSEPH GONDOLFO v. RAYMOND LINDEMANN (09/04/69)
COUNTY COURT OF NEW YORK, ROCKLAND COUNTY
1969.NY.42794 <http://www.versuslaw.com>; 313 N.Y.S.2d 786; 63 Misc. 2d 773
September 4, 1969
THE PEOPLE OF THE STATE OF NEW YORK EX REL. JOSEPH GONDOLFO, RELATOR,v.RAYMOND LINDEMANN, AS SHERIFF OF THE COUNTY OF ROCKLAND, RESPONDENT
Waitzman & Freidman (Martin S. Friedman of counsel), for relator.
Robert R. Meehan, District Attorney (Herman J. Van der Linde of counsel), for respondent.
John A. Gallucci, J.
The State of Connecticut seeks to extradite the relator Joseph Gondolfo for the alleged crimes of conspiracy to attempt to commit murder and conspiracy to commit the crime of obtaining valuable things by false pretenses (General Statutes of Connecticut, Revision of 1958, § 54-197). Both appear to be felonies under the laws of the State of Connecticut.
The relator voluntarily surrendered himself upon ascertaining that a warrant for his arrest had been issued by the Acting Governor of New York and was arraigned as a fugitive from justice.
He immediately secured a writ of habeas corpus and has been released on bail. He alleges that the papers upon which the demand of Connecticut are based, as well as the papers upon which the Acting Governor of the State of New York issued the warrant of arrest, are insufficient as a matter of law and that the writ should be sustained.
Counsel agreed that the issues of law relating to the sufficiency of the papers should be decided by the court before a hearing is held to take testimony on whether the relator was present in Connecticut, whether he is the person alleged to have committed the crimes and whether he is a fugitive from justice.
The following papers are before the court in connection with this proceeding:
(1) the warrant for the arrest of the relator issued by the Acting Governor of the State of New York;
(2) the demand of the Governor of the State of Connecticut;
(3) a copy of section 54-197 of the General Statutes of Connecticut, Revision of 1958, which defines the crime of conspiracy;
(4) the information or accusation of Arnold Markle, State's Attorney for the County of New Haven, by which he accuses and charges the relator with having committed the crimes of conspiracy to attempt to commit murder and conspiracy to commit the crime of obtaining valuable things by false pretenses;
(5) the affidavit of Chief Inspector Stephen Ahern and Sergeant Vincent De Rosa, both members of the New Haven Police Department;
(6) the warrant to arrest the relator issued by Hon. Norman M. Dube, Judge of the Superior Court of Connecticut; and (7) the application of Arnold Markle, State's Attorney, to the Governor of the State of Connecticut requesting that a requisition be issued and directed to the Governor of the State of New York for the extradition of the relator.
All of the Connecticut papers are duly ...