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People ex rel. George v. Howard

New York County Court, New York County

May 14, 2013

PEOPLE of the State of New York ex Rel. Spencer Todd GEORGE, Relator, Petitioner.
v.
Timothy B. HOWARD, Sheriff of the County of Erie, Respondent.

[970 N.Y.S.2d 664] Frank A. Sedita, III, District Attorney of Erie County by James Gardner, Esq., Buffalo.

Robert Sommerstein, Esq., Buffalo.

MEMORANDUM AND ORDER

MICHAEL F. PIETRUSZKA, J.

Page 1028

The Petitioner is charged with violating Section 13A-6-111 of the Alabama Code, Transmitting Obscene Material to a Minor by Computer in the Jefferson County District Court, Bessemer Division in the State of Alabama. It is alleged that he sent an email containing pictures of his penis to a minor in the City of Bessemer, County of Jefferson, State of Alabama from New York State between July 3, 2012 and July 5, 2012.

On or about December 5, 2012, the Petitioner was arrested by the East Aurora Police Department on an Extradition Warrant from the State of Alabama, and the Petitioner was temporarily incarcerated in the custody of the Sheriff of Erie County at the Erie County Holding Center in Buffalo, New York.

The Petitioner was arraigned on the Extradition Warrant from the State of Alabama in Criminal Special Term in Erie County Court on December 10, 2012.

The Petitioner was released on bail on December 20, 2012.

On or about February 13, 2013, the Governor of the State of Alabama executed Request for Interstate Rendition for the Petitioner addressed to the Governor of New York.

On or about February 25, 2013, the Sheriff of Erie County and the Erie County District Attorney received the Governor of New York's Executive Warrant dated February 22, 2013 and the documents submitted by the authorities from Alabama in support thereof.

On or about March 21, 2013, the Petitioner was arraigned on the New York Governor's Executive Warrant in Criminal Special Term in New York State Supreme Court.

The Petitioner brought an Order to Show Cause in Criminal Special Term in Erie County Court granted March 28, 2013 seeking a Writ of Habeas Corpus. Oral argument was heard on the Petition for a Writ of Habeas Corpus on April 25, 2013. Counsel submitted supplemental briefs after the hearing.

The law governing extradition from the State of New York is contained in the Uniform Criminal Extradition Act (UCEA) as set forth in Article 570 ...


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