People ex rel. Brown v. Smith

Judgment unanimously affirmed. Memorandum: A parolee has the right to counsel upon a final parole revocation hearing (People ex rel. Menechino v Warden, 27 NY2d 376). While even a represented parolee may waive that right in the absence of counsel (People ex rel. Cleveland v New York State Div. of Parole, 110 AD2d 671; People ex rel. Martinez v Walters, 99 AD2d 476, 477, appeal dismissed 63 NY2d 727; see, People ex rel. Racona v Hammock, 115 AD2d 306), such waiver is not effective unless knowingly, intelligently and voluntarily made (see, People v White, 56 NY2d 110; People v McIntyre, 36 NY2d…