Opinion
2081
November 6, 2003.
Appeal from order, Supreme Court, Bronx County (Lawrence Bernstein, J.), entered August 5, 2002, which denied and dismissed the petition for a writ of habeas corpus, unanimously dismissed as moot, without costs.
Steven N. Feinman, for petitioner-appellant.
Thomas B. Litsky, for respondent-respondent.
Before: Nardelli, J.P., Mazzarelli, Sullivan, Rosenberger, Lerner, JJ.
Petitioner's challenge to the conduct of preliminary parole revocation hearing is mooted by the final parole revocation determination rendered against him (see People ex rel. Johnson v. New York State Div. of Parole, 270 A.D.2d 137; People ex rel. McCummings v. De Angelo, 259 A.D.2d 794, lv denied 93 N.Y.2d 810), and the circumstances presented do not warrant addressing the preliminary hearing issues raised under an exception to the mootness doctrine (see Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714-715). In any case, petitioner, by knowingly, intelligently and voluntarily waiving his right to a preliminary revocation hearing, effectively waived his right to challenge the complained-of defect in the preliminary hearing proceedings (see e.g. People ex rel. Miller v. Walters, 60 N.Y.2d 899; People ex rel. Walker v. Sullivan, 128 A.D.2d 572, lv denied 70 N.Y.2d 613).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.