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People ex Rel. Burke v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 20, 1980
74 A.D.2d 725 (N.Y. App. Div. 1980)

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).


Summaries of

People ex Rel. Burke v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 20, 1980
74 A.D.2d 725 (N.Y. App. Div. 1980)
Case details for

People ex Rel. Burke v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. ROBERT T. BURKE, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 20, 1980

Citations

74 A.D.2d 725 (N.Y. App. Div. 1980)

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People ex Rel. Burke v. Smith

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