GONZALES v. DALSHEIM


52 N.Y.2d 9 (1980)

The People of the State of New York ex rel. Herman Gonzales, Also Known as Julio Rodriguez, Appellant, v. Stephen Dalsheim as Warden of Ossining Correctional Facility, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 22, 1980.


Attorney(s) appearing for the Case

Robert Selcov and David Leven for appellant.

Robert Abrams, Attorney-General (Frederick R. Walsh and Shirley Adelson Siegel of counsel), for respondents.

Chief Judge COOKE and Judges GABRIELLI and FUCHSBERG concur with Judge JONES; Judge JASEN dissents and votes to affirm in a separate opinion in which Judges WACHTLER and MEYER concur.


JONES, J.

A parolee is entitled to a prompt final parole revocation hearing notwithstanding the circumstance that he is in the physical custody of the authorities of a sister State unless the Board of Parole shows that such a hearing cannot be held subject to its convenience and practical control.

In December, 1973 relator was sentenced in Supreme Court, Bronx County, to an indeterminate sentence having...

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