PEOPLE HARRISON v. WARDEN (2008)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, ex rel. Robert HARRISON, Petitioner-Appellant, v. WARDEN, Rikers Island Correctional Facility, et al., Respondents-Respondents.

Decided: February 28, 2008

MAZZARELLI, J.P., ANDRIAS, SAXE, GONZALEZ, SWEENY, JJ.

Darius Wadia, New York, for appellant. Andrew M. Cuomo, Attorney General, New York (Malancha Chanda of counsel), for respondents.

Order, Supreme Court, Bronx County (Darcel D. Clark, J.), entered March 23, 2006, which denied petitioner's application for a writ of habeas corpus and dismissed the proceeding, unanimously affirmed, without costs.

Petitioner cannot challenge the complained-of defect in the proceedings since he pleaded guilty to a violation of parole (see e.g. People ex rel. Miller v. Walters, 60 N.Y.2d 899, 470 N.Y.S.2d 574, 458 N.E.2d 1251 [1983] ).

In any event, he was afforded a timely parole revocation hearing (see Executive Law § 259-i[3][f][i]; People ex rel. Brown v. New York State Div. of Parole, 70 N.Y.2d 391, 395, 521 N.Y.S.2d 657, 516 N.E.2d 194 [1987] ). The Status Inquiry Summary, which petitioner failed to rebut, showed that the challenged adjournments were sought by his counsel (see People ex rel. Jefferson v. Kelly, 178 A.D.2d 973, 578 N.Y.S.2d 732 [1991] ).

We have considered petitioner's remaining contentions and find them unavailing.

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