From Casetext: Smarter Legal Research

People ex rel. Herbert v. Hoy

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1953
281 App. Div. 891 (N.Y. App. Div. 1953)

Opinion

March 9, 1953.


In a habeas corpus proceeding, it is contended that the Governor's warrant of arrest is void in that a requisition for extradition, issued by the Governor of California, does not comply with the Federal Extradition Act (U.S. Code, tit. 18, § 3182), particularly in that the affidavit made by the complaining witness, in support of an information charging grand theft, was not sworn to before a magistrate but before a deputy clerk of the court. After a hearing, the writ was dismissed and the relator remanded. Order affirmed, without costs. No opinion. Nolan, P.J., Carswell, Adel, Wenzel and Schmidt, JJ., concur.


Summaries of

People ex rel. Herbert v. Hoy

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1953
281 App. Div. 891 (N.Y. App. Div. 1953)
Case details for

People ex rel. Herbert v. Hoy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. HERBERT COSNER, Appellant…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 9, 1953

Citations

281 App. Div. 891 (N.Y. App. Div. 1953)