Opinion
October 1, 1963
Appeal from the Criminal Court of the City of New York, Queens County, THOMAS FITZPATRICK, J.
David H. Deitsch for appellant.
Frank D. O'Connor, District Attorney ( May E. O'Shea of counsel), for respondent.
Although the issuance of the summons was extraterritorial, when the defendant appeared before the court to answer a valid information filed against him, pleaded "not guilty" thereto and proceeded to trial, the court acquired jurisdiction over his person ( People v. Yerman, 138 Misc. 272; People v. Hagan, 138 Misc. 771, affd. 235 App. Div. 784; People v. Preble, 39 Misc.2d 411). This court does not agree with the decision in People v. Haber ( 20 Misc.2d 272) relied upon by the defendant. It is not consonant with the established case law nor is there any provision of the Code of Criminal Procedure or the New York City Criminal Courts Act permitting a defendant in a criminal case to challenge the jurisdiction of the court over his person by a "special appearance". The judgment of conviction should be affirmed.
Concur — BENJAMIN, GULOTTA and SCHWARTZWALD, JJ.
Judgment affirmed.