People ex rel. Rodriguez v. Warden

Judgment of the Supreme Court, Bronx County (Hecht, J.), entered November 30, 1989, which dismissed the petition for a writ of habeas corpus, unanimously affirmed, without costs.

Considering the totality of the circumstances, we find that the petitioner herein knowingly and intelligently waived his right to be present at a final parole revocation hearing, conducted in absentia on March 31, 1989, by persistently refusing to appear despite repeated efforts by the Division of Parole to produce him (People ex rel. McFadden v New York State Div. of Parole, 79 AD2d 952, 953).

Petitioner’s contention…