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People v. Irvin [4th Dept 1999

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 10, 1999
(N.Y. App. Div. Feb. 10, 1999)

Opinion

February 10, 1999

Appeal from Judgment of Supreme Court, Erie County, Cosgrove, J. — Habeas Corpus.

PRESENT: DENMAN, P. J., GREEN, PINE, HAYES AND CALLAHAN, JJ.


Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly denied the petition seeking a writ of habeas corpus. By waiving his right to a preliminary parole revocation hearing, relator waived his present contention that the Parole Board erred in failing to conduct a hearing ( see, People ex rel. Miller v. Walters, 60 N.Y.2d 899, 901; Matter of White v. New York State Div. of Parole, 60 N.Y.2d 920 922; People ex rel. Quinones v. New York State Bd. of Parole, 109 A.D.2d 908, 909, affd 66 N.Y.2d 748). There is no indication in the record that relator's waiver was not knowing, intelligent and voluntary ( see, Matter of White v. New York State Div. of Parole, supra, at 922; People ex rel. Walker v. Sullivan, 128 A.D.2d 572, 572-573, lv. denied 70 N.Y.2d 613; People ex rel. Romero v. Johnson, 122 A.D.2d 240, 241).


Summaries of

People v. Irvin [4th Dept 1999

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 10, 1999
(N.Y. App. Div. Feb. 10, 1999)
Case details for

People v. Irvin [4th Dept 1999

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK EX REL. DONALD E. STUBBS, APPELLANT, v…

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

Date published: Feb 10, 1999

Citations

(N.Y. App. Div. Feb. 10, 1999)