People ex rel. Walsh v. Vincent

Matter of Beattie v New York State Bd. of Parole (39 NY2d 445) is all but dispositive of every aspect of this case. The one difference which remains is that relator in this case was, at the applicable times, still lodged in a local correctional facility, while in the Beattie case the petitioner had been physically lodged in a State facility although held as a local prisoner. The difference is immaterial so long as the parolee was in a place subject to the convenience and practical control of the Parole Board. The fact is that relator was brought from one local facility to another in order to…