Opinion
February 10, 1999
Appeal from Judgment of Supreme Court, Erie County, Cosgrove, J. — Habeas Corpus.
PRESENT: DENMAN, P. J., GREEN, PINE, HAYES AND CALLAHAN, JJ.
Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly denied the petition seeking a writ of habeas corpus. By waiving his right to a preliminary parole revocation hearing, relator waived his present contention that the Parole Board erred in failing to conduct a hearing ( see, People ex rel. Miller v. Walters, 60 N.Y.2d 899, 901; Matter of White v. New York State Div. of Parole, 60 N.Y.2d 920 922; People ex rel. Quinones v. New York State Bd. of Parole, 109 A.D.2d 908, 909, affd 66 N.Y.2d 748). There is no indication in the record that relator's waiver was not knowing, intelligent and voluntary ( see, Matter of White v. New York State Div. of Parole, supra, at 922; People ex rel. Walker v. Sullivan, 128 A.D.2d 572, 572-573, lv. denied 70 N.Y.2d 613; People ex rel. Romero v. Johnson, 122 A.D.2d 240, 241).