Appellate Division of the Supreme Court of New York, 1976

People ex rel. Rosado v. New York State Parole Board

People ex rel. Rosado v. New York State Parole Board
Appellate Division of the Supreme Court of New York · Decided February 9, 1976
51 A.D.2d 753; 379 N.Y.S.2d 450; 1976 N.Y. App. Div. LEXIS 11298
People ex rel. Rosado v. New York State Parole Board

Opinion of the Court

In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County, dated June 19, 1975, which dismissed the proceeding. Judgment affirmed, without costs or disbursements. The right to a preliminary hearing as promptly as convenient after arrest, and to a revocation hearing within a reasonable time after the parolee is taken into custody, must be decided on a case by case basis (see Matter of McLucas v Oswald, 40 AD2d 311, app withdrawn 33 NY2d 639; see, also, Morrissey v Brewer, 408 US 471; cf. Barker v Wingo, 407 US 514). The record before us does not reveal any prejudice to petitioner as a result of the time lapse between his apprehension and the final hearing. Hopkins, Acting P. J., Martuscello, Latham, Rabin and Titone, JJ., concur.

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