New York Codes Rules Regulations (Last Updated: March 27,2024) |
TITLE 9. Executive Department |
Subtitle CC. Division of Parole |
Part 8006. Appeals |
Sec. 8006.3. Questions on appeal
Latest version.
- (a) The following questions may be raised on appeal from a minimum period of imprisonment or release proceeding:(1) whether the proceeding and/or determination was in violation of lawful procedure, was affected by an error of law, was arbitrary and capricious or was otherwise unlawful;(2) whether the board member or members making the determination relied on erroneous information as shown in the record of the proceeding, or relevant information was not available for consideration;(3) whether the determination made was excessive.(b) The following questions may be raised from a parole rescission or a final revocation determination, subject to the limitation that evidentiary or procedural challenges will be considered only if a timely objection was made at the hearing:(1) whether the determination was supported by a preponderance of the evidence; and(2) questions in subdivision (a) of this section.(c) Allegations of newly discovered evidence will not be considered on appeal from a revocation hearing, but must be the subject of an application to the board for a rehearing.