PEOPLE EX REL. FONG v. HONECK

In each proceeding order of the Appellate Division reversed and those of the Special Term affirmed, without costs, on the ground that the relator has not conclusively established that he was not present in the demanding State at the time of the commission of the crime ( People ex rel. Gottschalk v. Brown, 237 N.Y. 483, 486; Biddinger v. Commissioner of Police, 245 U.S. 128); no opinion.

Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ.