People ex rel. Miranda v. Dalsheim
| Decision Date | 18 June 1979 |
| Citation | 70 A.D.2d 941,417 N.Y.S.2d 513 |
| Parties | The PEOPLE, etc., ex rel. Jose MIRANDA, Appellant, v. Stephen DALSHEIM, Superintendent, Ossining Correctional Facility, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Bruce Marc Tenenbaum, New York City, for appellant.
Robert Abrams, Atty. Gen., New York City (George D. Zuckerman and Suzanne M. Lynn, New York City, of counsel), for respondent.
Before HOPKINS, J. P., and DAMIANI, TITONE and MARGETT, JJ.
MEMORANDUM BY THE COURT.
In a habeas corpus proceeding petitioner appeals from a judgment of the Supreme Court, Westchester County, entered August 30, 1978, which dismissed the proceeding.
Judgment affirmed, without costs or disbursements.
Petitioner waived a preliminary hearing on parole revocation charges on April 24, 1978. On July 17, 1978 (one day prior to the scheduled final revocation hearing) he signed a form indicating that he wished to be represented by an attorney at the hearing and consenting to a postponement "until such time that I can arrange for an attorney". Petitioner obtained a writ of habeas corpus on July 26, 1978 alleging that the final hearing had not yet been held and that his right to a speedy hearing had been violated.
Special Term properly dismissed the proceeding. The record indicates that the final parole revocation hearing was originally scheduled within the 90-day period provided by statute (see Executive Law, § 259-i, subd. 3, par. (f), cl. (i)). Since the hearing was adjourned at petitioner's request there was no violation of his right to a speedy hearing.
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