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PEOPLE EX REL. RODRIGUEZ v. WARDEN

163 A.D.2d 206 (1990)

The People of the State of New York ex rel. Eugene Rodriguez, Appellant, v. Warden et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

July 12, 1990

Considering the totality of the circumstances, we find that the petitioner herein knowingly and intelligently waived his right to be present at a final parole revocation hearing, conducted in absentia on March 31, 1989, by persistently refusing to appear despite repeated efforts by the Division of Parole to produce him (People ex rel. McFadden v New York State Div. of Parole, 79 A.D.2d 952, 953).

Petitioner's contention he...

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