People Ex Rel. Martinez v. New York State Board of Parole

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs.

Relator’s final parole revocation hearing was adjourned three times, at least two of the continuances being at relator’s request. On the 81st day, the hearing was held in the absence of relator who was attending a criminal trial. The hearing officer noted the proximity of the 90-day limit (see Executive Law, § 259-i, subd 3, par [f], cl [i]) and determined to “proceed in absentia, subject to the inmate’s rights of cross-examination at some later date, if he so desires.” Relator’s parole was…