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PEO (MATTHEWS) v. PAROLE DIV.

95 N.Y.2d 640 (2001)

744 N.E.2d 1149

722 N.Y.S.2d 213

THE PEOPLE OF THE STATE OF NEW YORK ex rel. MICHAEL MATTHEWS, Respondent, v. NEW YORK STATE DIVISION OF PAROLE, Appellant.

Court of Appeals of the State of New York.

Decided February 8, 2001.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Marlene O. Tuczinski, Preeta D. Bansal, Daniel Smirlock and Nancy A. Spiegel of counsel), for appellant.

Linda M. Campbell, Syracuse, for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and GRAFFEO concur.

OPINION OF THE COURT

ROSENBLATT, J.

This appeal concerns the statutory time period within which the Division of Parole must conduct a preliminary parole revocation hearing. Petitioner, a New York State parolee, was convicted of federal bank robbery. While he was incarcerated in an out-of-state federal prison, the Division of Parole lodged a parole revocation detainer against him. Thereafter, to resolve a...

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