Opinion
February 13, 1962
In a habeas corpus proceeding, brought by relator pursuant to section 838 of the Code of Criminal Procedure, to test the legality of his arrest and attempted extradition to Florida (Uniform Criminal Extradition Act, Code Crim. Pro., §§ 827-859) under a warrant issued by the Governor of New York and under an amended warrant issued by the Acting Governor of New York, relator appeals from an order of the Supreme Court, Queens County, dated July 24, 1961, dismissing the writ of habeas corpus and remanding him to the custody of the representative of the Governor of the State of Florida. Order affirmed, without costs. Relator urges that the documents upon which the amended warrant of the Acting Governor of New York was issued do not meet the test of section 830 of the Code of Criminal Procedure, since the affidavit submitted in support of the information lodged against relator in Florida was executed subsequent thereto. In our opinion, the requirements of section 830 of the Code of Criminal Procedure have been met ( People ex rel. Moore v. Skinner, 284 App. Div. 770). Ughetta, Acting P.J., Christ, Brennan, Rabin and Hopkins, JJ., concur.