(DOWNLOAD) "Matter Robert H. Schwartz v. Warden" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Matter Robert H. Schwartz v. Warden
- Author : Supreme Court of New York
- Release Date : January 17, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
In a habeas corpus proceeding, the appeal is from a judgment of the Supreme Court (Dickinson, J.), dated April 14, 1981 and entered in Westchester County, which granted the petition to the extent of directing respondents to afford Ralph Clark a new final revocation hearing. Judgment reversed, on the law, without costs or disbursements, petition granted with prejudice and it is directed that Ralph Clark be restored to parole under the conditions heretofore in effect, and upon the further condition that he begin treatment at the Manhattan Alcoholism Rehabilitation Center under the proposed plan submitted. We conclude that it was error for the hearing officer to conduct the hearing in absentia based upon the hearsay statements of a correction officer that Clark refused to attend and had signed a waiver of appearance form. The purported written waiver of appearance was, in fact, a request for a one-month adjournment because Clarks attorney was not able to attend the hearing. There is nothing to suggest that this request was a dilatory tactic made in bad faith. A parolees waiver of due process rights must be made knowingly and intelligently. (People ex rel. Menechino v Warden, Green Haven State Prison, 27 N.Y.2d 376.) The totality of circumstances surrounding the purported waiver are to be considered to determine its validity. (Johnson v Zerbst, 304 U.S. 458, 464.) A parolee who has notice of the final revocation hearing and refuses, without valid reason, to attend will be deemed to have waived his conferred rights. (People ex rel. McFadden v New York State Div. of [82 A.D.2d 870 Page 871]