Good v. Hammock

—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 NY2d 1049 ; Matter of Beattie v New York State Bd. of Parole, 39 NY2d 445 ; Matter of Smith v Chairman of New York State Bd. of Parole, 60 AD2d 775 , affd 44 NY2d 982 .) (Appeal from judgment of Wyoming Supreme Court—art 78.) Present— Moule, J. P., Cardamone, Dillon, Hancock, Jr., and Schnepp, JJ.