New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle CC - Division of Parole
Part 8006 - Appeals
Section 8006.3 - Questions on Appeal

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 8006.3

Current through Register Vol. 46, No. 12, March 20, 2024

(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 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) Subject to the limitations of subdivision (g) of section 8006.1 of this Title, the following questions may be raised from a final revocation determination, except that properly raised evidentiary or procedural challenges will be considered only if a timely objection was made at the hearing:

(1) whether the determination was supported by clear and convincing evidence; and

(2) questions in subdivision (a) of this section.

(d) 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.

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