People Ex Rel. Duchnowski v. New York State Division of Parole

123 A.D.3d 1156, 997 N.Y.S.2d 638

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 31, 2014
• Docket: 2013-09875
• Status: Published

Opinion

In a proceeding pursuant to CPLR article 70 for a writ of habeas corpus, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Calabrese, J.), entered October 2, 2013, which, after a hearing, denied the petition and dismissed the proceeding.

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

Contrary to the petitioner’s contention, the respondents demonstrated that he knowingly, intelligently, and voluntarily waived his right to a preliminary parole revocation hearing (see Executive Law § 259-i [3] [c] [i]; Matter of White v New York State Div. of Parole, 60 NY2d 920 [1983]; People ex rel. Strickland v Miranda, 264 AD2d 789, 789 [1999]; People ex rel. Aquino v New York State Bd. of Parole, 250 AD2d 789, 789 [1998]; People ex rel. Romero v Johnson, 122 AD2d 240, 241 [1986]; cf. People ex rel. Melendez v Warden of Rikers Is. Correctional Facility, 214 AD2d 301, 301-303 [1995]). Accordingly, the Supreme Court correctly denied the petition and dismissed the proceeding.

Skelos, J.P., Dickerson, Austin and Maltese, JJ., concur.