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People ex Rel. Hatterson v. Walters

Appellate Division of the Supreme Court of New York, Second Department
Apr 30, 1984
100 A.D.2d 978 (N.Y. App. Div. 1984)

Opinion

April 30, 1984


In a habeas corpus proceeding, the appeal is from a judgment of the Supreme Court, Westchester County (Wood, J.), entered September 20, 1982, which sustained the petition, vacated a parole detainer warrant lodged against petitioner and directed that he be restored to parole status. ¶ Judgment reversed, on the law, without costs or disbursements, and proceeding dismissed. ¶ A final revocation hearing was held within the 90-day period prescribed by the Executive Law (Executive Law, § 259-i, subd 3, par [f], cl [i]). Since petitioner, upon waiving extradition and upon his return to this State from North Carolina, waived his right to a preliminary parole revocation hearing, he effectively waived his right to challenge the Parole Board's alleged failure to afford him a timely preliminary revocation hearing as well as his right to relief as a result of any failure to do so ( People ex rel. Miller v Walters, 60 N.Y.2d 899, 901). Accordingly, the proceeding should have been dismissed. Mangano, J.P., O'Connor, Boyers and Eiber, JJ., concur.


Summaries of

People ex Rel. Hatterson v. Walters

Appellate Division of the Supreme Court of New York, Second Department
Apr 30, 1984
100 A.D.2d 978 (N.Y. App. Div. 1984)
Case details for

People ex Rel. Hatterson v. Walters

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. JAMES HATTERSON, Respondent…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 30, 1984

Citations

100 A.D.2d 978 (N.Y. App. Div. 1984)

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