Majority
p. 978The People of the State of New York ex rel. Oscar Posada-Osorio, Appellant, v Edward R. Hammock, as Chairman of State of New York Parole Authorities, Executive Department, Respondent. Argued January 10, 1983; decided February 10, 1983
p. 980
APPEARANCES OF COUNSEL
Robert Selcov, Joan S. Posner and David C. Leven for appellant.
Robert Abrams, Attorney-General (Frederick R. Walsh and Peter H. Schiff of counsel), for respondent.
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed and the matter remitted to Supreme Court for determination of whether the petitioner was within the convenience and practical control of the New York parole authorities while in Federal custody (see People ex rel. Vasquez v New York State Bd. of Parole, 58 NY2d 981 [decided herewith]; People ex rel. Gonzales v Dalsheim, 52 NY2d 9 ). Although parole revocation proceedings had been commenced prior to the Gonzales decision, no final judgment had been issued against petitioner before Gonzales was handed down; Gonzales thus controls.
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur.
p. 981
Order reversed, without costs, and matter remitted to Supreme Court, Queens County, for further proceedings in accordance with the memorandum herein.
Cases cited
- Vasquez v. New York State Board of Parole 58 NY2d 981 p. 980
- People ex rel. Gonzales v. Dalsheim 52 NY2d 9 p. 980