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People ex rel. Hinckley v. Tutuska

20 N.Y.2d 752 Court N.Y. Decision date 1967-07-07 English

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p. 752
The People of the State of New York ex rel. Eugene R. Hinckley and Jeanette Hinckley, Appellants, v. B. John Tutuska, as Sheriff of the County of Erie, Respondent.
Submitted July 6, 1967;
decided July 7, 1967.

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Whether appellants’ rights under the Fourth and Fourteenth Amendments were violated. Relators contended that their arrest and proposed extradition were improper because the criminal complaint from the demanding State (Arizona) did not furnish the Governor of New York with “probable cause” for relators’ arrest. The Court of Appeals held that the constitutional rights of appellants had not been violated. [See 20 N Y 2d 684 .]

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