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

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.

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