Opinion
June 20, 2000.
Order, Supreme Court, New York County (Daniel FitzGerald, J.), entered on or about April 26, 2000, which denied the petition for a writ of habeas corpus seeking to vacate a warrant of arrest and an order of extradition, unanimously affirmed, without costs.
John W. Finley, Jr., for petitioner-appellant.
Nina Keller, for respondents-respondents.
Before: Nardelli, J.P., Mazzarelli, Wallach, Rubin, JJ.
Extradition of petitioner to Oregon was properly granted and there is no basis upon which to sustain the writ of habeas corpus and vacate the warrant. The errors contained in the prior warrants were corrected and the one signed by the Governor and presented to the court complied with CPL 570.08 and 570.16 Crim. Proc. in all respects. Specifically, the corrected papers clearly sought discretionary extradition of a person not present in the demanding State at the time of the crime pursuant to CPL 570.16 and established that petitioner was charged with a crime in Oregon which would constitute a crime in New York and that he was the person named in the request for extradition (see, Michigan v. Doran, 439 U.S. 282;People v. Hinton, 40 N.Y.2d 345; compare, People ex rel. Bernheim v. Warden, 95 Misc.2d 577). The additional issues raised by petitioner concerning the integrity of the Oregon Grand Jury proceeding must be raised before the courts of that State (see,Michigan v. Doran, supra; California v. Superior Court of California, 482 U.S. 400). We have considered and rejected petitioner's remaining claims.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.