MATTER OF WASHINGTON v. RODRIGUEZ


154 A.D.2d 944 (1989)

In the Matter of Jerome Washington, Appellant, v. Ramon J. Rodriguez, as Chairman of The New York State Division of Parole, et al., Respondents

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

October 6, 1989


Judgment unanimously affirmed.

Memorandum:

In this parole revocation proceeding, respondent did not err in declaring petitioner delinquent on the date he committed the new crime and was arrested, rather than on the date of his conviction. Executive Law § 259-i (3) (d) (i), the automatic revocation statute, requires the Parole Board to establish rules to "provide for * * * declaring such person to be delinquent as soon as practicable". The applicable regulation...

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