People ex rel. Matthews v. New York State Division of Parole

Pigott, Jr., P. J., and Kehoe, J.

(dissenting). We respectfully dissent. In June 1993, when the parole violation warrant was issued, petitioner was in Federal prison in Pennsylvania. *861Under those circumstances, “the warrant will not be deemed to be executed” and “[t]he alleged violator will not be considered to be within the convenience and practical control of the division of parole” (Executive Law § 259-i [3] [a] [iv]). The statute, which was intended to overrule People ex rel. Gonzales v Dalsheim (52 NY2d 9) (see, People ex rel. Johnson v New York State Div. of Parole, 148 AD2d 401, 402),…