People ex rel. Valentine v. Smith

— Judgment unanimously reversed, on the law and facts, petition granted and relator restored to parole supervision, in accordance with the following memorandum: We previously remitted this habeas corpus proceeding to Supreme Court for an evidentiary hearing at which parole authorities had the burden of demonstrating that a timely final parole revocation hearing was not held because relator was not subject to their convenience and practical control while he was incarcerated in an out-of-State Federal prison (People ex rel. Valentine v Smith, 96 AD2d 720). At the hearing on remand, parole…