People ex rel. Allen v. Dalsheim

OPINION OF THE COURT

Memorandum.

The appeal should be dismissed.

Respondent was sentenced in 1975 to serve a maximum term of four years, with an expiration date of August 28, 1978. While on parole, he was declared a delinquent and was not returned to custody until more than four months later. A final parole revocation hearing not having been held promptly, however, the Appellate Division ordered that respondent’s petition for a writ of habeas corpus be granted and that he be returned to parole. Since a parolee continues to serve his sentence while in compliance with the terms of his release,…