PEOPLE EX REL. VALENTINE v. SMITH


103 A.D.2d 1004 (1984)

The People of the State of New York ex rel. Levi Valentine, Appellant, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent

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

July 13, 1984


Judgment unanimously reversed, on the law and facts, petition granted and relator restored to parole supervision, in accordance with the following memorandum: We previously remitted this habeas corpus proceeding to Supreme Court for an evidentiary hearing at which parole authorities had the burden of demonstrating that a timely final parole revocation hearing was not held because relator was not subject to their convenience and practical control while he was incarcerated...

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