Home/New York Court of Appeals/People Ex Rel. Posada-Osorio v. Hammock

People Ex Rel. Posada-Osorio v. Hammock

447 N.E.2d 1282, 58 N.Y.2d 978, 460 N.Y.S.2d 921, 1983 N.Y. LEXIS 2921
CourtNew York Court of Appeals
DecidedFebruary 10, 1983
StatusPublished
Cited by6 cases

This text of 447 N.E.2d 1282 (People Ex Rel. Posada-Osorio v. Hammock) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People Ex Rel. Posada-Osorio v. Hammock, 447 N.E.2d 1282, 58 N.Y.2d 978, 460 N.Y.S.2d 921, 1983 N.Y. LEXIS 2921 (N.Y. 1983).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the matter remitted to Supreme Court for determination of whether the petitioner was within the convenience and practical control of the New York parole authorities while in Federal custody (see People ex rel. Vasquez v New York State Bd. of Parole, 58 NY2d 981 [decided herewith]; People ex rel. Gonzales v Dalsheim, 52 NY2d 9). Although parole revocation proceedings had been commenced prior to the Gonzales decision, no final judgment had been issued against petitioner before Gonzales was handed down; Gonzales thus controls.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur.

*981 Order reversed, without costs, and matter remitted to Supreme Court, Queens County, for further proceedings in accordance with the memorandum herein.

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Related

People ex rel. Brown v. New York State Board of Parole
133 A.D.2d 792 (Appellate Division of the Supreme Court of New York, 1987)
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People v. Williams
95 A.D.2d 726 (Appellate Division of the Supreme Court of New York, 1983)
People ex rel. Posada-Osorio v. New York State Board of Parole
119 Misc. 2d 705 (New York Supreme Court, 1983)
People ex rel. White v. Smith
93 A.D.2d 1001 (Appellate Division of the Supreme Court of New York, 1983)
People ex rel. Sadowy v. Walters
92 A.D.2d 943 (Appellate Division of the Supreme Court of New York, 1983)

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Bluebook (online)
447 N.E.2d 1282, 58 N.Y.2d 978, 460 N.Y.S.2d 921, 1983 N.Y. LEXIS 2921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-posada-osorio-v-hammock-ny-1983.