People ex rel. Walker v. Sullivan — 128 A.D.2d 572

Majority

p. 572

The People of the State of New York ex rel. Allen Walker, Also Known as Donald Brown, Appellant, v James Sullivan et al., Respondents.

In a habeas corpus proceeding based on an alleged failure to afford the petitioner timely parole revocation hearings, the appeal is from a judgment of the Supreme Court, Westchester County (Walsh, J.), entered April 1, 1986, which dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

By executing a written waiver of his right to a preliminary parole revocation hearing on February 22, 1984, the petitioner effectively waived his right to challenge the respondents’ alleged failure to afford him a timely preliminary hearing as well as his right to relief in consequence of their failure to do so (see, People ex rel. Quinones v New York State Bd. of Parole, 66 NY2d 748 ; People ex rel. Miller v Walters, 60 NY2d 899 ; People ex rel. Romero v Johnson, 122 AD2d 240 ; People ex rel. Linares v Dalsheim, 107 AD2d 728 ; People ex rel. Hatterson v Walters, 100 AD2d 978 ). Absent any indication that the peti

p. 573

tioner’s waiver was not made knowingly and intelligently, it must be deemed effective (Matter of White v New York State Div. of Parole, 60 NY2d 920 , 922). Excluding periods of delay not chargeable to the respondents, a final revocation hearing was held within the 90-day period prescribed by the Executive Law (Executive Law § 259-i [3] [f] [i]; 9 NYCRR 8005.17 [c] [3]). Accordingly, the proceeding was properly dismissed. Thompson, J. P., Niehoff, Weinstein and Eiber, JJ., concur.

Cases cited

People ex rel. Quinones v. New York State Board of Parole 66 NY2d 748 N.Y. 1985-10-24 p. 572
People ex rel. Miller v. Walters 60 NY2d 899 N.Y. 1983-11-23 p. 572
White v. New York State Division of Parole 60 NY2d 920 N.Y. 1983-11-23 at 922 p. 573

Statutes and regulations cited

Executive Law p. 573