The People of the State of New York ex rel. Michael Walsh v. Leon J. Vincent, as Superintendent of the Green Haven…

Summary

The New York Court of Appeals affirmed the Appellate Division's order, holding that a parolee detained in a local correctional facility is within the Parole Board's convenience and practical control and therefore entitled to a prompt final parole revocation hearing. The majority relied on Matter of Beattie to find the local facilities subject to the Board’s jurisdiction, and thus affirmed the lower court's decision without costs. Justice Jasen dissented, arguing that local facilities are not within the Board’s jurisdiction and that the appellate court erred in ordering the prisoner's release.