
    The People of the State of New York ex rel. Israel Margolis, Appellant, v. Joseph A. Warren, Police Commissioner of the City of New York, Respondent. The People of the State of New York, Respondent.
    
      Extradition ■— habeas corpus ■— writ to determine legality of relator's imprisonment under rendition warrant — evidence that relator was not in demanding State at time crime charged was committed — determination of question of fact.
    
    
      People ex rel. Margolis v. Warren, 223 App. Div. 757, affirmed.
    (Submitted June 4, 1928;
    decided June 19, 1928.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 26, 1928, which reversed an order of Special Term sustaining a writ of habeas corpus, dismissed the writ and remanded the relator to custody. The proceeding was instituted to determine the legality of the relator’s imprisonment under a rendition warrant issued by the Governor of this State for his surrender to the State of< New Jersey as a fugitive from justice. The Governor of the State of New Jersey made a requisition upon the Governor of this State for the arrest and surrender of the relator as a fugitive from justice. The requisition was accompanied by authenticated copies of an indictment, affidavits and warrant, charging relator with larceny and receiving stolen property, which the Governor of the State of New Jersey certified to be crimes under the laws of that State. The Governor of the State of New York thereupon issued his warrant for the arrest and surrender of the relator. On the hearing relator introduced testimony to the effect that he was not and the People introduced evidence that he was in the State of New Jersey at the time the crime was committed. The People argued that the question of fact thereby presented was exclusively for the Governor to determine.
    
      Joseph Weber and Haskel Jacobs for appellant.
    
      Joab H. Banton, District Attorney (Felix C. Benvenga and Edward V. Loughlin of counsel), for respondent.
   Order affirmed; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  