PEOPLE EX REL. HERRERA v. EASTMOND


290 A.D.2d 365 (2002)

737 N.Y.S.2d 67

THE PEOPLE OF THE STATE OF NEW YORK ex rel. WAYNE HERRERA, Appellant, v. GLEN EASTMOND et al., Respondents.

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

Decided January 29, 2002.


The transcript of the preliminary parole revocation hearing shows that petitioner's parole officer produced an Undelivered Defendant Form that, as described by the hearing officer, was signed by petitioner, witnessed by a correction officer, dated the same day as the hearing, and indicated that petitioner "refused to appear" at the hearing without giving a reason. Such form constituted competent and sufficient evidence of a knowing and intelligent waiver by petitioner of...

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