New York Court of Appeals, 1983

People ex rel. Miller v. Walters

New York Court of Appeals · Decided November 23, 1983

60 N.Y.2d 899; 458 N.E.2d 1251; 470 N.Y.S.2d 574; 1983 N.Y. LEXIS 3551

Cases that cite this one

11 later published cases cite this decision.

People ex rel. Harrison v. Warden (Appellate Division of the Supreme Court of New York 2008)
People ex rel. Benton v. Farsi (Appellate Division of the Supreme Court of New York 2003)
People ex rel. Smith v. Trombly (Appellate Division of the Supreme Court of New York 1990)
People ex rel. Walker v. Sullivan (Appellate Division of the Supreme Court of New York 1987)
People ex rel. Robertson v. New York State Division (N.Y. 1986)
Kirk v. Hammock (Appellate Division of the Supreme Court of New York 1986)
People ex rel. Romero v. Johnson (Appellate Division of the Supreme Court of New York 1986)
People ex rel. Linares v. Dalsheim (Appellate Division of the Supreme Court of New York 1985)
People ex rel. Quinones v. New York State Board (Appellate Division of the Supreme Court of New York 1985)
People ex rel. Hatterson v. Walters (Appellate Division of the Supreme Court of New York 1984)
People ex rel. Lathan v. Warden, Sing Sing Correctional Facility (Appellate Division of the Supreme Court of New York 1984)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

opinion of the court

Memorandum.

The order of the Appellate Division should be reversed, without costs, and the judgment of Supreme Court reinstated.

A final revocation hearing was held on May 19, 1982, within the 90-day period prescribed by the statute (Executive Law, § 259-i, subd 3, par [f], cl [i]), in consequence of which relator’s parole was revoked. No challenge is now addressed to that determination. Inasmuch as on his return from California, on March 23,1982 relator waived his right to a preliminary parole revocation hearing,* he thereby effectively waived his right to challenge the board’s failure to afford him a timely preliminary hearing as well as his right to relief in consequence of its failure to do so. The writ of habeas corpus should therefore be dismissed.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.

Order reversed, without costs, and judgment of Supreme Court, Westchester County, reinstated in a memorandum.

Relator has not shown that at the time he had, or had requested, counsel in New York.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.