Opinion
April 28, 1988
Appeal from the Supreme Court, Bronx County (John Byrne, J.).
It is well settled that a parolee has the right to be represented by counsel at a final parole revocation hearing. (Executive Law § 259-i [f] [v]; People ex rel. Menechino v Warden, 27 N.Y.2d 376.) Although this right may be waived (People ex rel. Martinez v. Walters, 99 A.D.2d 476, 477, appeal dismissed 63 N.Y.2d 727) such a waiver must be knowingly, intelligently, and voluntarily made. (People v. McIntyre, 36 N.Y.2d 10, 17.)
The record before us indicates that while the Hearing Officer informed petitioner of his right to be represented by counsel, and made inquiry as to petitioner's educational background and psychiatric history, he did not conduct a sufficiently "`searching inquiry'" to reasonably assure that petitioner appreciated the "`dangers and disadvantages'" of waiving the fundamental right to counsel. (People v. Sawyer, 57 N.Y.2d 12, 21.) Without the benefit of a "precautionary inquiry" adequate to "warn [petitioner] of the `risks inherent in representing himself' or apprise him of `the value of counsel'" the waiver of counsel was ineffective, and petitioner is entitled to a new hearing. (People v. Kaltenbach, 60 N.Y.2d 797, 799.)
Concur — Sullivan, J.P., Ross, Asch, Milonas and Kassal, JJ.