PEOPLE EX REL. BUTLER v. FLOOD


29 A.D.2d 692 (1968)

The People of the State of New York ex rel. William G. Butler, Respondent, v. Walter J. Flood, as Warden of Nassau County Jail, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 29, 1968


Relator was indicted in New Hampshire for having committed in that State the crime of desertion. It was conceded by both sides that he was not in New Hampshire when the alleged crime was committed. Therefore, in order for him to be extradited, the indictment had to comply with the provisions of section 834 of the Code of Criminal Procedure. Under section 834, the crime for which extradition is sought must be punishable under the laws of New York. The hearing court, holding...

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