People ex rel. Hall v. Dufrain

— Appeal from a judgment of the Supreme Court (Plumadore, J.), entered January 17, 1992 in Franklin County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner contends that he was denied due process in his parole revocation hearing because certain testimony was not taken under oath. Petitioner’s failure to raise this objection at the revocation hearing served to waive that argument (see, Matter of Brown v Ristich, 36 NY2d 183, 189; Matter of Mishook v Mishook, 78 AD2d 570). Were we to consider the…