City on February 15, 1990.   In the space of three weeks, in quick succession, the Governor of Florida issued a demand to the Governor of New York to deliver petitioner to Florida (March 12), a Florida grand jury indicted Strachan for first-degree murder (March 21), and the Governor of New York issued a warrant of rendition (April 2).


3
Strachan was arraigned in New York Supreme Court on April 16 and immediately filed a petition for a writ of habeas corpus seeking his release.   The state trial court's dismissal of the petition was affirmed by the Appellate Division, First Department and by the New York Court of Appeals.   See People ex rel. Strachan v. Colon, 77 N.Y.2d 499, 571 N.E.2d 65, 568 N.Y.S.2d 895(1991).   Petitioner then filed the instant petition for habeas relief in the United States District Court for the Southern District of New York which denied it on April 19, 1991.   Extradition has been stayed pending this expedited appeal.

DISCUSSION
I Fugitive Status

4
Article IV, § 2, cl. 2 of the United States Constitution, the Extradition Clause, governs our consideration of this case.   That Clause provides


5
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.


6
Once a governor of the state where the crime was committed