Jones v. Berbary

—Judgment unanimously affirmed without costs. Memorandum: Petitioner was released to parole supervision on December 1, 1997, while serving an indeterminate term of incarceration of IV2 to 3 years and was arrested on a charge of criminal sale of a controlled substance in the third degree (Penal Law § 220.39) on February 6, 1998. Petitioner posted bail and was released. He was declared delin*956quent with respect to parole on February 10, 1998. Petitioner apparently absconded with respect to both the new charge and parole. On April 10, 1998, petitioner was taken into custody on the new charge. On…