Majority
p. 161The People of the State of New York ex. rel. Terrence Davis, Appellant, v Warden, Rikers Island Correctional Facility, et al., Respondents. [785 NYS2d 906]
Order, Supreme Court, Bronx County (Joseph Fisch, J.), entered January 27, 2004, which denied and dismissed the petition for a writ of habeas corpus, unanimously affirmed, without costs.
Petitioner was mistakenly released on bail after he violated his parole, a warrant had been issued for his arrest and he had been served by respondent Division of Parole with parole violation papers. A copy of the outstanding warrant and an identical
p. 162
set of parole revocation papers were subsequently served upon him, and he was returned to custody. While petitioner did not receive a preliminary parole revocation hearing, he waived such a hearing after being served with the original parole revocation papers. In view of that waiver, the instant petition, alleging that petitioner was wrongfully denied a preliminary hearing, was properly denied (see Matter of White v New York State Div. of Parole, 60 NY2d 920 [1983]). Concur—Nardelli, J.P., Tom, Saxe, Friedman and Sweeny, JJ.
Cases cited
- White v. New York State Division of Parole 60 NY2d 920 p. 162