Summary
In People ex rel. Romero v. Johnson, 122 A.D.2d 240 [2nd Dept., 1986], the petitioner sought a writ of habeas corpus after "executing a waiver of his right to a preliminary parole revocation hearing" without counsel.
Summary of this case from Berger v. ArtetaOpinion
July 21, 1986
Appeal from the Supreme Court, Queens County (Balbach, J.).
Judgment reversed, on the law, without costs or disbursements, proceeding dismissed, and the petitioner is directed to surrender himself to the Superintendent of Queensboro Correctional Facility.
By executing a waiver of his right to a preliminary parole revocation hearing after being served with the appropriate notices on the day of his return to New York from Oregon, the petitioner waived his right to challenge the timeliness of the parole violation charges filed against him (see, People ex rel. Quinones v New York State Bd. of Parole, 66 N.Y.2d 748, affg 109 A.D.2d 908; People ex rel. Miller v Walters, 60 N.Y.2d 899, 901; People ex rel. Linares v Dalsheim, 107 A.D.2d 728, 729; People ex rel. Hatterson v Walters, 100 A.D.2d 978, 979). The fact that the petitioner was not yet represented by counsel when he executed the waiver did not impair the integrity of the waiver (see, People ex rel. Martinez v Walters, 99 A.D.2d 476, appeal dismissed 63 N.Y.2d 727). Inasmuch as there is nothing on record to indicate that the subject waiver was not made knowingly and intelligently, it must be given effect (see, Matter of White v New York State Div. of Parole, 60 N.Y.2d 920), notwithstanding its subsequent purported rescission by the petitioner. Brown, J.P., Weinstein, Rubin and Kooper, JJ., concur.