Opinion
December 12, 1949.
Appeal by relator from an order dismissing a writ of habeas corpus and remanding him to custody, in a proceeding instituted to test the legality of his arrest in extradition proceedings under section 834 of the Code of Criminal Procedure. Appellant was indicted in Ohio and charged with committing "acts in the State of New York which intentionally resulted in a crime in the State of Ohio," to wit, the crime of neglecting to support his minor children. Order affirmed. In our opinion, section 834 of the Code of Criminal Procedure, which is part of the Uniform Criminal Extradition Act, and which permits extradition of persons not present in the demanding State at the time of the commission of the crime. Is not in conflict with section 2 of article IV of the United States Constitution and the Federal statutes enacted thereunder, but is a valid and constitutional exercise of the police power of the State of New York. (Cf. English v. Matowitz, 148 Ohio St. 39; Matter of Roma, 82 Ohio App. 414; Cassis v. Fair, 126 W. Va. 557; State ex rel. Gildar v. Kriss, 62 A.2d 568 [Md.]; Quaker Oats Co. v. City of New York, 295 N.Y. 527, 534.) Other contentions advanced by appellant are without merit. Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ., concur.