Opinion
October 7, 1993
Appeal from the Supreme Court, St. Lawrence County.
The record reveals that petitioner intelligently, knowingly and voluntarily waived his right to counsel at his final parole revocation hearing (see, People ex rel. Mack v. Warden, 160 A.D.2d 592). Further, testimony of persons involved in the incident at issue clearly established that petitioner had participated in the commission of a felony in violation of the terms of his parole (see, Matter of Dukes v. New York State Bd. of Parole, 189 A.D.2d 681). Finally, given that defendant was found to have violated his parole by committing a violent felony, we find no error in the determination of the Board of Parole that petitioner be held for the maximum period of incarceration without further consideration for parole (see, Executive Law § 259-i [f] [x]; People ex rel. Matthews v. New York State Div. of Parole, 89 A.D.2d 770, affd 58 N.Y.2d 196).
Weiss, P.J., Mercure, Cardona, Mahoney and Casey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.