Opinion
Argued January 10, 1983
Decided February 10, 1983
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, BERNARD DUBIN, J.
Robert Selcov, Joan S. Posner and David C. Leven for appellant.
Robert Abrams, Attorney-General ( Frederick R. Walsh and Peter H. Schiff of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be reversed and the matter remitted to Supreme Court for determination of whether the petitioner was within the convenience and practical control of the New York parole authorities while in Federal custody (see People ex rel. Vasquez v New York State Bd. of Parole, 58 N.Y.2d 981 [decided herewith]; People ex rel. Gonzales v Dalsheim, 52 N.Y.2d 9). Although parole revocation proceedings had been commenced prior to the Gonzales decision, no final judgment had been issued against petitioner before Gonzales was handed down; Gonzales thus controls.
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.
Order reversed, without costs, and matter remitted to Supreme Court, Queens County, for further proceedings in accordance with the memorandum herein.