Ordered that the judgment is affirmed, without costs or disbursements.
Governor Cuomo properly treated the extradition decision relating to Jarvious Cotton as mandatory once having determined that the State of Mississippi's requisition papers were in order, that Cotton was charged with a crime in the State of Mississippi, and that he was the fugitive sought in that State (see, Puerto Rico v. Branstad, 483 US ___, ___, 97 L Ed 2d 187, 194-196; California v. Superior Ct., 482 US ___, ___, 96 L Ed 2d 332, 339-342; Michigan v. Doran, 439 U.S. 282, 288). The Governor's failure to conduct a formal hearing prior to authorizing the extradition of Cotton does not constitute a due process violation (see, People ex rel. Morris v. McGrath, 23 N.Y.2d 703). The fact that the charge against Cotton by the demanding State is a capital offense does not by itself mandate a hearing, and there is no indication in the record before us that a hearing was necessary to protect Cotton's constitutional rights. Nor is there any indication that an irreparable miscarriage of justice would result from the denial of the petition (see, People ex rel. Little v. Ciuros, 44 N.Y.2d 825); indeed, the Governor obtained assurances from the Mississippi authorities that Cotton would be furnished with highly competent counsel, a change of venue for trial and protection for himself and his family.
Finally, Cotton's assertion that he was beaten by prison officials in Mississippi prior to his escape some five years ago cannot serve to transform him from a fugitive (see, People ex rel. Higley v. Millspaw, 281 N.Y. 441, 446) into an involuntarily transferred prisoner covered by the provisions of CPL 570.14. Thus, that section's discretionary extradition provisions do not apply to Cotton. Mangano, J.P., Brown, Rubin, Kooper and Sullivan, JJ., concur.