People ex rel. Miller v. Walters

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prescribed by the statute (Executive Law, § 259-i, subd 3, par [f], cl [i]), in consequence of which relator’s parole was revoked.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…