People ex rel. Gonzales v. Dalsheim

The majority today holds that a New York parolee who is incarcerated in a sister State for a crime committed therein is within the convenience and practical control of the New York Board of Parole such that he must be given a preliminary parole revocation hearing within 15 days after a parole violation warrant has been delivered to the sister State authorities unless the Board of Parole can establish that the parolee is, in fact, beyond its control. In our view this ruling ignores the practical and legal difficulties inherent in the out-of-State supervision of parolees and places an…