People ex rel. Copeland v. Smith

Judgment unanimously affirmed. Memorandum: See People ex rel. Dutcher v New York State Bd. of Parole ( 71 AD2d 963 , app dsmd 48 NY2d 799 ) and People ex rel. Spinks v Dillon ( 68 AD2d 368 , app dsmd 48 NY2d 1025 ). Section 259-o of the Executive Law does not provide for final revocation hearings. Relator was serving a sentence in a foreign State for a crime committed there, and there was no way before the end of that commitment that he could have been returned to New York for a final revocation hearing. Relator was not in a “compact institution” and section 259-n (subd 1, par [d]) of the Executive Law has no application in this situation (see People ex rel. Gonzales v Dalsheim, 76 AD2d 952 ). (Appeal from judgment of Wyoming Supreme Court— habeas corpus.) Present — Hancock, Jr., J. P., Schnepp, Callahan, Doerr and Witmer, JJ.