Opinion
November 13, 1980
Appeal from the Wyoming Supreme Court.
Present — Hancock, Jr., J.P., Schnepp, Callahan, Doerr and Witmer, JJ.
Judgment unanimously affirmed. Memorandum: See People ex rel. Dutcher v New York State Bd. of Parole ( 71 A.D.2d 963, app dsmd 48 N.Y.2d 799) and People ex rel. Spinks v Dillon ( 69 A.D.2d 368, app dsmd 48 N.Y.2d 1025). Section 259-o Exec. of the Executive Law does not provide for final revocation hearings. Relator was serving a sentence in a foreign State for a crime committed there, and there was no way before the end of that commitment that he could have been returned to New York for a final revocation hearing. Relator was not in a "compact institution" and section 259-n (subd 1, par [d]) of the Executive Law has no application in this situation (see People ex rel. Gonzales v Dalsheim, 76 A.D.2d 952).