PEOPLE SCOTT v. TRAVIS (1998)

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

The PEOPLE of the State of New York ex. rel. Sylvester SCOTT, a/k/a Curtis Williams, Petitioner-Appellant, v. Brion TRAVIS, etc., et al., Respondents-Respondents.

Decided: June 30, 1998

ELLERIN, J.P., TOM, MAZZARELLI and SAXE, JJ.

Kenneth M. Tuccillo, for Petitioner-Appellant. Efrem Z. Fischer, for Respondents-Respondents.

Judgment, Supreme Court, Bronx County (Edward Davidowitz, J.), entered on or about February 5, 1997, which denied petitioner's application for a writ of habeas corpus vacating a parole warrant and restoring him to parole supervision, and dismissed the petition, unanimously affirmed, without costs.

The Undelivered Defendant Form signed by petitioner stating “I don't want to go” to the preliminary parole revocation hearing of which he had been given notice constituted competent and sufficient evidence of a knowing and intelligent waiver of the right to be present at the hearing, at least where, as here, petitioner never advised the hearing officer of any reasons why he could not or would not be present and never asked for an adjournment (see, People ex rel. McKay v. Sheriff of County of Rensselaer, 152 A.D.2d 786, 787, 543 N.Y.S.2d 567, lv. denied 74 N.Y.2d 616, 550 N.Y.S.2d 276, 549 N.E.2d 478).

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network