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People ex Rel. Scott v. Travis

Appellate Division of the Supreme Court of New York, First Department
Jun 30, 1998
251 A.D.2d 264 (N.Y. App. Div. 1998)

Opinion

June 30, 1998

Appeal from the Supreme Court, Bronx County (Edward Davidowitz, J.).


The Undelivered Defendant Form signed by petitioner stating "I don't want to go" to the preliminary parole revocation hearing of which he had been given notice constituted competent and sufficient evidence of a knowing and intelligent waiver of the right to be present at the hearing, at least where, as here, petitioner never advised the Hearing Officer of any reasons why he could not or would not be present and never asked for an adjournment (see, People ex rel. McKay v. Sheriff of County of Rennselaer, 152 A.D.2d 786, 787, lv denied 74 N.Y.2d 616).

Concur — Ellerin, J. P., Tom, Mazzarelli and Saxe, JJ.


Summaries of

People ex Rel. Scott v. Travis

Appellate Division of the Supreme Court of New York, First Department
Jun 30, 1998
251 A.D.2d 264 (N.Y. App. Div. 1998)
Case details for

People ex Rel. Scott v. Travis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. SYLVESTER SCOTT, Also Known as…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 30, 1998

Citations

251 A.D.2d 264 (N.Y. App. Div. 1998)
675 N.Y.S.2d 56

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