N.Y. Comp. Codes R. & Regs. tit. 9 § 8006.3

Current through Register Vol. 46, No. 18, May 1, 2024

Section 8006.3 - Questions on Appeal

(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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8006.3

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