AMSTERDAM, N.Y. (AP) _ A man who helped kill and dismember a prostitute in Florida is violating his probation by being in New York state, but Florida doesn't want him and New York officials said Tuesday they can't hold him.

James Whyte, 29, and two other men killed Kimberley Ann Hanlon of Tampa, Fla., and cut up her body with a chain saw in March 1985. Hanlon's body was found in a freezer three years later.

After his arrest last year, Whyte pleaded guilty to charges of second- degree murder, kidnapping and sexual battery. But he was granted immunity for testifying against the other suspects, Irvin Riley, 28, and James Bailey, 45.

Whyte was placed on probation for 25 years and ordered not to leave Florida. Bailey and Riley were sentenced to three consecutive life terms in Florida state prison.

Whyte fled Florida in violation of his probation and came to the Gloversville area, about 40 miles west of Albany, where his ex-girlfriend lives, authorities said.

Amsterdam police arrested Whyte in June on a criminal impersonation charge when he falsely identified himself after being stopped for a traffic violation, said Montgomery County Sheriff's Lt. Richard Emery.

Whyte was jailed after authorities learned he had violated his Florida probation. But after the maximum 90 days he had to be released Sept. 25 because Florida authorities did not try to extradite him, said Sheriff's Sgt. William Brown.

Without an extradition request, there is nothing New York officials can do to ship Whyte back to Florida, said Montgomery County District Attorney Guy Tomlinson.

''Yes, he is violating his probation, and if he ever shows up in Florida we will arrest him,'' Florida Assistant State Attorney Michael Benito told the Amsterdam Recorder. ''But are there plans to extradite him? No.''

Whyte poses no danger, and if he had not testified ''these two other characters, who should have been given the electric chair, would be roaming the streets,'' Benito said.

Whyte's ex-girlfriend, who spoke on condition she not be identified, claims Whyte has threatened her several times since his release. She said she has told local authorities about the threats.

Gloversville Police Chief Michael Gancarz said he had not heard about the threats.