Legal Opinion
People ex rel. Spinks v. Dillon
Appellate Division of the Supreme Court of the State of New York
Decided June 1, 1979PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
Hancock, Jr., J.
We hold that the requirement in Executive Law (§ 259-i, *369subd 3, par [f], cl [i]) that parole revocation hearings be held within 90 days of the probable cause determination is subject to the limitation that the parolee must be within the practical control of the Parole Board.
Petitioner, who was on parole from a New York sentence, was convicted of a Federal offense and sentenced to a Federal correctional facility in Danbury, Connecticut. While petitioner was in jail in Wampsville, New York, awaiting transfer to the Federal facility, a parole violation…
2Cases cited3 opinions
- People ex rel. Walsh v. VincentNew York Court of Appeals · 1976
- Beattie v. New York State BoardNew York Court of Appeals · 1976
- Zobrist v. SmithAppellate Division of the Supreme Court of the State of New York · 1976
3Cited by12 opinions
- People ex rel. Julio v. WaltersAppellate Division of the Supreme Court of the State of New York · 1982
- Foy v. 1120 Avenue of the Americas AssociatesAppellate Division of the Supreme Court of the State of New York · 1996
- Conesco Industries, Ltd. v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1992
- People ex rel. Delrow v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1981
- People ex rel. Stracci v. WardenAppellate Division of the Supreme Court of the State of New York · 1980
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