Washington v. Rodriguez

Appellate Division of the Supreme Court of New York

Washington v. Rodriguez

154 A.D.2d 944, 546 N.Y.S.2d 72, 1989 N.Y. App. Div. LEXIS 13089

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 6, 1989

StatusPublished

Cited by1 cases

This text of 154 A.D.2d 944 (Washington v. Rodriguez) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Washington v. Rodriguez, 154 A.D.2d 944, 546 N.Y.S.2d 72, 1989 N.Y. App. Div. LEXIS 13089 (N.Y. Ct. App. 1989).

Pincite

Opinion

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 provides, "The date of delinquency is the earliest date that a violation of parole is alleged to have occurred” (9 NYCRR 8004.3 [b]). Thus, the statute and regulations contemplate that the parolee will be declared delinquent on the date of the new crime, not the date of conviction. (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J. — art 78.) Present — Denman, J. P., Boomer, Balio, Lawton and Davis, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

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 provides, "The date of delinquency is the earliest date that a violation of parole is alleged to have occurred” (9 NYCRR 8004.3 [b]). Thus, the statute and regulations contemplate that the parolee will be declared delinquent on the date of the new crime, not the date of conviction. (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J. — art 78.) Present — Denman, J. P., Boomer, Balio, Lawton and Davis, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

154 A.D.2d 944, 546 N.Y.S.2d 72, 1989 N.Y. App. Div. LEXIS 13089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-v-rodriguez-nyappdiv-1989.

Opinion

Related

Cite This Page — Counsel Stack