PEOPLE STUBBS v. IRVIN (1999)

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

PEOPLE of the State of New York ex rel. Donald E. STUBBS, Appellant, v. Frank IRVIN, Superintendent, Wende Correctional Facility, et al., Respondents.

Decided: February 10, 1999

PRESENT: DENMAN, P.J., GREEN, PINE, HAYES and CALLAHAN, JJ.

Anthony Lana, Buffalo, for Appellant. Nancy Spiegel, Albany, for Respondent.

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, 470 N.Y.S.2d 574, 458 N.E.2d 1251; Matter of White v. New York State Div. of Parole, 60 N.Y.2d 920, 922, 470 N.Y.S.2d 581, 458 N.E.2d 1258; People ex rel. Quinones v. New York State Bd. of Parole, 109 A.D.2d 908, 909, 487 N.Y.S.2d 98, affd. 66 N.Y.2d 748, 497 N.Y.S.2d 366, 488 N.E.2d 112). 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, 470 N.Y.S.2d 581, 458 N.E.2d 1258; People ex rel. Walker v. Sullivan, 128 A.D.2d 572, 572-573, 512 N.Y.S.2d 510, lv. denied 70 N.Y.2d 613, 524 N.Y.S.2d 431, 519 N.E.2d 342; People ex rel. Romero v. Johnson, 122 A.D.2d 240, 241, 504 N.Y.S.2d 767).

Judgment unanimously affirmed without costs.

MEMORANDUM:

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