Legal Opinion

People ex rel. Sinclair v. Warden, Rikers Island Correctional Center

New York Supreme Court

Decided December 19, 1991PublishedCited by 1 opinion

1Opinion of the Court

*929OPINION OF THE COURT

Martin Marcus, J.

In this case, an Administrative Law Judge adjourned the petitioner’s parole revocation hearing for more than IV2 months because the petitioner’s attorney failed to appear on the day the hearing was scheduled to occur. In the absence of his attorney, the petitioner sought to waive his right to counsel at the hearing and to proceed in the attorney’s absence. He now brings a writ of habeas corpus claiming that this adjournment, which was ordered over the petitioner’s strenuous and repeated objections, violated his right to a timely parole revocation by…

2Cases cited8 opinions

  1. People ex rel. Menechino v. WardenNew York Court of Appeals · 1971
  2. People ex rel. Brown v. New York State Division of ParoleNew York Court of Appeals · 1987
  3. People v. WhiteNew York Court of Appeals · 1982
  4. People ex rel. Martinez v. WaltersAppellate Division of the Supreme Court of the State of New York · 1984
  5. People ex rel. McFadden v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1981

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3Cited by1 opinion

  1. State v. FreemanCourt of Appeals of Kansas · 2004

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