People ex rel. Lathan v. Warden, Sing Sing Correctional Facility
| Decision Date | 26 November 1984 |
| Parties | The PEOPLE etc., ex rel. Coswell LATHAN, Appellant, v. WARDEN, SING SING CORRECTIONAL FACILITY, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
John F. Clennan, Centereach, for appellant.
Robert Abrams, Atty. Gen., New York City , for respondents.
Before MOLLEN, P.J., and TITONE, THOMPSON and WEINSTEIN, JJ.
MEMORANDUM BY THE COURT.
Appeal from a judgment of the Supreme Court, Westchester County, entered August 31, 1983, which dismissed the proceeding to restore petitioner to parole.
Judgment affirmed, without costs or disbursements.
Petitioner was not denied a timely preliminary parole revocation hearing as a result of the failure of the New York parole authorities to have him returned to New York immediately following the execution of a parole violation warrant in California because petitioner was beyond the convenience and practical control of the parole authorities (People ex rel. Gonzales v. Dalsheim, 52 N.Y.2d 9, 436 N.Y.S.2d 199, 417 N.E.2d 493). The record established that the California authorities refused to conduct a preliminary parole revocation hearing. Furthermore, petitioner could not be returned to New York without formal extradition proceedings because California does not honor an advance waiver of extradition form which has been signed in New York as a condition of receiving parole in New York (Matter of Klock, 133 Cal.App.3d 726, 184 N.Y.S.2d 234). To the extent that this court in People ex rel. Miller v. Walters, 91 A.D.2d 647, 456 N.Y.S.2d 833, revd. on other grounds 60 N.Y.2d 899, 470 N.Y.S.2d 574, 458 N.E.2d 1251 suggests the contrary, it is limited to its facts as presented in the record on appeal.
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People v. Warden
...warrant where waiver was explicit and unequivocal); see also People ex rel. Coswell Lathan v. Warden, Sing Sing Correctional Facility, 105 A.D.2d 861, 861, 482 N.Y.S.2d 53 (2d Dept.1984) ( “petitioner could not be returned to New York without formal extradition proceedings because Californi......
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People ex rel. Matthews v. New York State Div. of Parole
...1985 (see, People ex rel. Gonzales v. Dalsheim, 52 N.Y.2d 9, 436 N.Y.S.2d 199, 417 N.E.2d 493; People ex rel. Lathan v. Warden, Sing Sing Correctional Facility, 105 A.D.2d 861, 482 N.Y.S.2d 53, lv. denied 64 N.Y.2d 610, 489 N.Y.S.2d 1027, 479 N.E.2d ...
- People ex rel. Lathan v. Warden, Sing Sing Correctional Facility