89 Misc. 2d 814 | New York County Court, Putnam County | 1977
The relator has been held in this county as a fugitive from justice from the State of New Jersey upon an information charging him with being such a fugitive. By writ of habeas corpus he is challenging New York’s right to hold him.
After a hearing was held on notice to and with the District Attorney and representatives of the Bergen County, New Jersey, prosecutor’s office participating, the following facts are established to the satisfaction of this court. The relator is wanted in Bergen County, New Jersey, for the completion of proceedings relating to charges there against him for the crimes of assault with a dangerous weapon and unlawful use of a dangerous weapon. While not proved, for the purposes of this decision it is assumed these crimes are punishable in New Jersey by a term exceeding one year. A warrant was issued by the Bergen County authorities on or about August 4, 1976 for
As yet, there has been no warrant issued by the Governor of the State of New York for the arrest of the relator and his delivery to the executive authority of the State of New Jersey. A request for rendition has been initiated by the Governor of New Jersey. Whatever the reason may be that New York’s Governor has not acted affirmatively upon that request, the fact remains that he has not. While it is true that the Governor of this State in his discretion may hold a demanded person until pending criminal proceedings in this State have been completed (CPL 570.44) he may exercise this discretion only after he has exerted his authority and issued his warrant. CPL 570.44 does not extend the 90-day limitation of CPL 570.36 and CPL 570.40. Thus the pendency of charges in Westchester or Putnam (a local court warrant for a felony charge is extant in Putnam) in no way vitiates the duty of the Governor of New York to act in a timely manner, nor does it extend his time to act.
The question then remaining is how many times may the time limitations of CPL article 570 be applied. The relator has been held in Putnam County on the fugitive information filed here only slightly in excess of one week. The District Attorney argues that insofar as this arrest is concerned not even the initial 30-day period of CPL 570.36 has expired. His contention is that any arrest, made such as was this one, pursuant to CPL 570.34, starts new time periods running under CPL 570.36 and CPL 570.40. This court appreciates that extradic
The fugitive information should be, and hereby is dismissed. The writ is sustained and the relator is ordered released on such charge.
So that the record may be clear, at the hearing a determination on the admissibility of an affidavit of Peter Meisels was deferred. Although this proceeding is summary in nature, the exhibit was excluded.