Warley v. Rodriguez

Judgment unanimously affirmed. Memorandum: Executive Law § 259-i (3) (d) provides that where a person has been convicted of a new felony committed while on parole or conditional release supervision, and a new indeterminate sentence has been imposed, the Board’s rules shall provide for a final declaration of delinquency. The Board’s rules provide for the issuance of a final declaration of delinquency upon a finding that a releasee has been convicted of a crime while under his present parole or conditional release supervision (9 NYCRR 8004.3 [a] [4]). "The date of delinquency is the earliest…