People ex rel. White v. Smith

— Upon reargument, judgment unanimously reversed, petition reinstated and relator remanded to Supreme Court, Wyoming County for a hearing in accordance with the following memorandum: We previously held that relator was not subject to the convenience and practical control of New York parole authorities while he was in Federal custody and that there was no existing statutory or administrative mechanism to effect his transfer for a revocation hearing (People ex rel. White v Smith, 90 AD2d 973). Upon reargument relator has submitted evidence which indicates the existence of a mechanism whereby he…