Opinion
September 22, 1978
Appeal from the Wyoming Supreme Court.
Present — Moule, J.P., Cardamone, Dillon, Hancock, Jr., and Schnepp, JJ.
Judgment unanimously affirmed. Memorandum: A declaration of delinquency on relator's sentence for second degree assault was dismissed as a result of the failure of appellant Parole Board to hold a parole revocation hearing for over four years after the alleged violation occurred. Appellant contends that inasmuch as petitioner was incarcerated upon a subsequent conviction for third degree burglary during this period, a final revocation hearing was unnecessary. We disagree. It is settled that a parole violator is entitled to a prompt parole revocation hearing even when he is incarcerated because of a new conviction and that the failure to provide such a hearing requires a dismissal of the declaration of delinquency. (People ex rel. Walsh v Vincent, 40 N.Y.2d 1049; Matter of Beattie v New York State Bd. of Parole, 39 N.Y.2d 445; Matter of Smith v Chairman of New York State Bd. of Parole, 60 A.D.2d 775, affd 44 N.Y.2d 982.)