PEOPLE EX REL. MALLO v. DALSHEIM


67 A.D.2d 688 (1979)

The People of the State of New York ex rel. Julio Mallo, Appellant, v. Stephen Dalsheim, as Superintendent of Ossining Correctional Facility, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 15, 1979


Judgment reversed, on the law, without costs or disbursements, and the declaration of delinquency of July 7, 1976 is vacated.

More than 13 months elapsed between petitioner's arrest for violation of parole and the commencement of the within habeas corpus proceeding and he had not been accorded a final parole revocation hearing. This constitutes an unreasonable delay and has resulted in a deprivation of his due process rights (see Morrissey v Brewer,

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