Opinion
2001-07795
December 3, 2002.
December 23, 2002.
In a habeas corpus proceeding pursuant to CPLR article 70, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Lange, J.), entered July 26, 2001, which dismissed the proceeding.
David J. Squirrell, Bedford, N.Y., for appellant.
Eliot Spitzer, Attorney-General, New York, N.Y. (Michael S. Belohlavek and David Axinn of counsel), for nonparty respondent.
Before: NANCY E. SMITH, J.P., CORNELIUS J. O'BRIEN, GABRIEL M. KRAUSMAN, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, without costs or disbursements.
Pursuant to Executive Law § 259-i(3)(c)(i), a parolee must receive a preliminary parole revocation hearing within 15 days of the execution of the warrant, "unless the releasee has been convicted of a new crime committed while under parole." As the petitioner was convicted in Puerto Rico of the new crimes of burglary and criminal use of stolen credit cards while on parole, the Supreme Court properly determined that he was not entitled to a preliminary hearing (see People ex rel. Corby v. Sullivan, 138 A.D.2d 432).
Further, the petitioner's claim that the New York State Division of Parole (hereinafter the Division) waived its interest in revoking his parole is without merit, as the Division acted promptly in returning the petitioner to New York once the authorities in Puerto Rico relinquished custody, which was not until the petitioner completed his sentence in Puerto Rico in January 2001 (see Executive Law § 259-i[a][iv]; People ex rel. Matthews v. New York State Div. of Parole, 95 N.Y.2d 640, 645; Matter of Nunez v. New York State Div. of Parole, 284 A.D.2d 333).
The petitioner's remaining contentions are without merit.
S. MILLER, J.P., O'BRIEN, KRAUSMAN and RIVERA, JJ., concur.