Legal Opinion

People ex rel. Brannaka v. Hammack

Appellate Division of the Supreme Court of the State of New York

Decided November 2, 1978PublishedCited by 1 opinion

1Opinion of the Court

Application, pursuant to CPLR 7002 (subd [b], par 2), for writ of habeas corpus denied on the ground that there is nothing in the petition to indicate that petitioner’s waiver of counsel at the final revocation hearing was not knowingly made (People ex rel. Lawrence v Smith, 50 AD2d 1073, mot for lv to app den 38 NY2d 710; People ex rel. Coleman v Smith, 56 AD2d 734). In addition, petitioner’s papers are defective for failure of compliance with CPLR 7002 (subd [c], par 1). Greenblott, J. P., Main, Larkin, Mikoll and Herlihy, JJ., concur.

2Cases cited2 opinions

  1. People ex rel. Lawrence v. SmithAppellate Division of the Supreme Court of the State of New York · 1975
  2. People ex rel. Coleman v. SmithAppellate Division of the Supreme Court of the State of New York · 1977

3Cited by1 opinion

  1. People ex rel. Martinez v. WaltersAppellate Division of the Supreme Court of the State of New York · 1984