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People ex Rel. Miller v. Walters

Court of Appeals of the State of New York
Nov 23, 1983
458 N.E.2d 1251 (N.Y. 1983)

Opinion

Argued October 26, 1983

Decided November 23, 1983

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, LEONARD RUBENFELD, J.

Robert Abrams, Attorney-General ( Peter H. Schiff and Martin A. Hotvet of counsel), for appellants.

Kenneth J. Kaufmann for respondent.



MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the judgment of Supreme Court reinstated.

A final revocation hearing was held on May 19, 1982, within the 90-day period prescribed by the statute (Executive Law, § 259-i, subd 3, par [f], cl [i]), in consequence of which relator's parole was revoked. No challenge is now addressed to that determination. Inasmuch as on his return from California, on March 23, 1982 relator waived his right to a preliminary parole revocation hearing, he thereby effectively waived his right to challenge the board's failure to afford him a timely preliminary hearing as well as his right to relief in consequence of its failure to do so. The writ of habeas corpus should therefore be dismissed.

Relator has not shown that at the time he had, or had requested, counsel in New York.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

Order reversed, without costs, and judgment of Supreme Court, Westchester County, reinstated in a memorandum.


Summaries of

People ex Rel. Miller v. Walters

Court of Appeals of the State of New York
Nov 23, 1983
458 N.E.2d 1251 (N.Y. 1983)
Case details for

People ex Rel. Miller v. Walters

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. RONALD MILLER, Respondent, v…

Court:Court of Appeals of the State of New York

Date published: Nov 23, 1983

Citations

458 N.E.2d 1251 (N.Y. 1983)
458 N.E.2d 1251
470 N.Y.S.2d 574

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