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New York Codes Rules Regulations (Last Updated: March 27,2024) |
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TITLE 9. Executive Department |
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Subtitle CC. Division of Parole |
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Part 8005. Revocation Hearings |
Sec. 8005.2. Evidence
Latest version.
- (a) The formal rules of evidence observed by courts need not be followed, except that the rules of privilege recognized by law shall be observed.(b) Objections to evidentiary offers must be made and noted on the record.(c) At a preliminary hearing, proof of conviction of a crime committed subsequent to the releasee's release on parole or conditional release shall constitute probable cause to believe that a releasee has violated the terms of his release in an important respect.(d) A certificate of conviction or commitment is prima facie evidence of an alleged violation. At a revocation hearing where the only alleged violations are acts which have resulted in criminal convictions, the parole officer and witnesses need not be present.(e) Official notice may be taken of all facts of which judicial notice could be taken, and of other facts within the specialized knowledge of the division. When official notice is taken of a material fact not appearing in the evidence in the record and of which judicial notice could not be taken, every party shall be given notice thereof and shall on timely request be afforded an opportunity prior to decision to dispute the fact or its materiality.