PEOPLE EX REL. SCOTT v. TRAVIS

The Undelivered Defendant Form signed by petitioner stating "I don't want to go" to the preliminary parole revocation hearing of which he had been given notice constituted competent and sufficient evidence of a knowing and intelligent waiver of the right to be present at the hearing, at least where, as here, petitioner never advised the Hearing Officer of any reasons why he could not or would not be present and never asked for an adjournment (see, People ex rel. McKay v. Sheriff of County of Rennselaer, 152 A.D.2d 786, 787, lv denied 74 N.Y.2d 616).

Concur — Ellerin, J. P., Tom, Mazzarelli and Saxe, JJ.