Guilt or innocence of accused; when inquired into · as in force on May 31, 2026
§ 570.46 Guilt or innocence of accused; when inquired into.
The guilt or innocence of the accused as to the crime with which he is charged may not be inquired into by the governor, or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as above provided shall have been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.
After a legally sufficient extradition demand and charge reach the governor, neither the governor nor a later proceeding may examine whether the accused is guilty or innocent. The only permitted overlap is deciding whether the person held is the person charged. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Court Officer in Plain English; Volume 2 — The Court Officer: Criminal Procedure Law; Volume 2 — Your Career: Criminal Procedure in Plain English.