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People ex Rel. Mallo v. Dalsheim

Appellate Division of the Supreme Court of New York, Second Department
Jan 15, 1979
67 A.D.2d 688 (N.Y. App. Div. 1979)

Opinion

January 15, 1979


In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Westchester County, entered October 31, 1977, which, after a hearing, dismissed the petition. 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, 408 U.S. 471; 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). The petitioner has at all times asserted his rights and is not chargeable with the delay. His failure to allege prejudice is not relevant in light of the extraordinary length of the delay (see People ex rel. Allen v Dalsheim, 63 A.D.2d 973). Titone, J.P., Rabin, Gulotta and Cohalan, JJ., concur.


Summaries of

People ex Rel. Mallo v. Dalsheim

Appellate Division of the Supreme Court of New York, Second Department
Jan 15, 1979
67 A.D.2d 688 (N.Y. App. Div. 1979)
Case details for

People ex Rel. Mallo v. Dalsheim

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. JULIO MALLO, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 15, 1979

Citations

67 A.D.2d 688 (N.Y. App. Div. 1979)