Opinion
May 24, 1971
In a habeas corpus proceeding in which the relator challenges warrants for his extradition to the State of Georgia, he appeals from a judgment of the County Court, Nassau County, dated April 23, 1971, which dismissed the writ after a hearing. Judgment reversed, on the law, without costs; writ of habeas corpus sustained; and relator discharged from custody. The Georgia indictment failed to comply with the requirement of section 834 of the Code of Criminal Procedure that it charge relator with committing an act in New York (or in a third State) intentionally resulting in a crime in the demanding State. This requires that the writ be sustained and relator discharged from custody ( People ex rel. Butler v. Flood, 29 A.D.2d 692). Hopkins, Acting P.J., Munder, Martuscello, Latham and Shapiro, JJ., concur.