N.Y. Comp. Codes R. & Regs. tit. 9 § 8005.2

Current through Register Vol. 46, No. 16, April 17, 2024

Section 8005.2 - Evidence

(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 revocation hearing, proof of conviction of a crime committed while under supervision shall constitute prima facie evidence of a violation of a condition of release in an important respect.

(d) At a final revocation hearing, a certificate of conviction or commitment is prima facie evidence of an alleged violation. 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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8005.2

Amended New York State Register May 3, 2023/Volume XLV, Issue 18, eff. 5/3/2023