Current through Register Vol. 43, No. 37, September 15, 2021
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 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.
N.Y. Comp. Codes R. & Regs. Tit. 9 § 8006.3