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People ex Rel. Romero v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Jul 21, 1986
122 A.D.2d 240 (N.Y. App. Div. 1986)

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. Arteta

Opinion

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.


Summaries of

People ex Rel. Romero v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Jul 21, 1986
122 A.D.2d 240 (N.Y. App. Div. 1986)

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. Arteta
Case details for

People ex Rel. Romero v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. JAMES ROMERO, Respondent, v…

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

Date published: Jul 21, 1986

Citations

122 A.D.2d 240 (N.Y. App. Div. 1986)

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Berger v. Arteta

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hat the waiver, however clearly manifested, was nonetheless defective because it was uninformed,…