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PEO. EX REL. SPINKS v. DILLON

68 A.D.2d 368 (1979)

The People of the State of New York ex rel. Charles Spinks, Appellant, v. John C. Dillon, as Sheriff of Onondaga County, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 1, 1979

Attorney(s) appearing for the Case

Karl M. Rice for appellant.

Robert Abrams, Attorney-General (Anne Meadvin and William J. Kogan of counsel), for Edward Hammock, respondent.

DILLON, P. J., SCHNEPP and MOULE, JJ., concur with HANCOCK, JR., J.; DOERR, J., dissents and votes to reverse the judgment in an opinion.

HANCOCK, JR., J.

We hold that the requirement in Executive Law (§ 259-i, subd 3, par [f], cl [i]) that parole revocation hearings be held within 90 days of the probable cause determination is subject to the limitation that the parolee must be within the practical control of the Parole Board.

Petitioner, who was on parole from a New York sentence, was convicted of a Federal offense and sentenced to...

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