People ex rel. Harrison v. Warden

48 A.D.3d 375, 853 N.Y.S.2d 294

Opinion

Order, Supreme Court, Bronx County (Darcel D. Clark, J.), entered March 23, 2006, which denied petitioner’s application for a writ of habeas corpus and dismissed the proceeding, unanimously affirmed, without costs.

Petitioner cannot challenge the complained-of defect in the proceedings since he pleaded guilty to a violation of parole (see e.g. People ex rel. Miller v Walters, 60 NY2d 899 [1983]).

In any event, he was afforded a timely parole revocation hearing (see Executive Law § 259-i [3] [f] [i]; People ex rel. Brown v New York State Div. of Parole, 70 NY2d 391, 395 [1987]). The status inquiry summary, which petitioner failed to rebut, showed that the challenged adjournments were sought by his counsel (see People ex rel. Jefferson v Kelly, 178 AD2d 973 [1991]).

We have considered petitioner’s remaining contentions and find them unavailing. Concur—Mazzarelli, J.P., Andrias, Saxe, Gonzalez and Sweeny, JJ.