Opinion
May 11, 1990
Appeal from the Chautauqua County Court, Adams, J.
Present — Denman, J.P., Boomer, Pine, Davis and Lowery, JJ.
Judgment unanimously affirmed. Memorandum: The court correctly dismissed relator's writ of habeas corpus challenging a warrant for his extradition to Pennsylvania. Relator's uncorroborated testimony that he was not in the demanding state on the date of the crime and his attacks on the credibility of a witness did not constitute conclusive proof that he was not a fugitive (cf., People ex rel. Higley v. Millspaw, 281 N.Y. 441, 447). We find no abuse of discretion in the denial of relator's discovery motion (see, CPLR 408, 7001).