Opinion
April 25, 1996
Appeal from the Supreme Court, New York County (Herbert Adlerberg, J.).
The appeal has been rendered moot by issuance of the Governor's warrant dated February 16, 1996 authorizing petitioner's extradition to Virginia ( People ex rel. McKinnon v. Infante, 108 A.D.2d 1026). Even assuming that petitioner was illegally detained for more than 90 days, he would have been entitled to no more than a release from custody and would still have been subject to extradition ( supra; People ex rel. Spence v. Sheriff of County of Rensselaer, 44 A.D.2d 867).
Concur — Milonas, J.P., Kupferman, Ross and Tom, JJ.