PEOPLE v. WARDEN, RIKERS ISLAND CORRECTIONAL FACILITY


17 A.D.3d 266 (2005)

793 N.Y.S.2d 405

THE PEOPLE OF THE STATE OF NEW YORK ex rel. LACY BAKER, Appellant, v. WARDEN, RIKERS ISLAND CORRECTIONAL FACILITY, Respondent, and NEW YORK STATE DIVISION OF PAROLE, Respondent.

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

April 26, 2005.


It is clear from the record that the petitioner knowingly, voluntarily and intelligently waived his right to a preliminary parole revocation hearing (Matter of White v New York State Div. of Parole, 60 N.Y.2d 920 [1983]) when he subscribed his name to a handwritten notation on a court form stating: "I hereby wish to waive my preliminary hearing." The contention that respondents failed to submit evidence establishing the genuineness...

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