Opinion
February 20, 1980
Appeal from the Wyoming Supreme Court.
Present — Hancock, Jr., J.P., Schnepp, Callahan, Doerr and Witmer, JJ.
Judgment unanimously affirmed. Memorandum: We agree with Special Term that relator was not deprived of a prompt revocation hearing. Since Special Term's decision we have held that both the "reasonable time" requirement of former subdivision 7 of section 212 Correct. of the Correction Law and the requirement in section 259-i (subd 3, par [f], cl [i]) of the Executive Law that parole revocation hearings be held within 90 days of the probable cause determination are subject to the limitation that the parolee must be subject to the convenience and practical control of the Parole Board (People ex rel. Spinks v. Dillon, 68 A.D.2d 368, app dsmd 48 N.Y.2d 1025; see People ex rel. Walsh v. Vincent, 40 N.Y.2d 1049).