Legal Opinion
Hilbourne v. Rodriguez
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1989PublishedCited by 5 opinions
1Opinion of the Court
— Determination unanimously annulled and petition granted. Memorandum: The Division of Parole must prove, by a preponderance of the evidence, that a parolee has violated the terms of his parole (see, Executive Law § 259-i [3] [¶] [viii]; 9 NYCRR 8005.20; People ex rel. Matthews v New York State Div. of Parole, 58 NY2d 196, 202). This burden is not satisfied unless there is a residuum of legal evidence to support a finding of guilt (People ex rel. Manton v Von Holden, 86 AD2d 967, 968, lv denied 56 NY2d 505). Hearsay alone will not suffice (People ex rel. Manton v Von Holden, supra; see also,…
2Cases cited4 opinions
- People ex rel. Matthews v. New York State Division of ParoleNew York Court of Appeals · 1983
- People v. KrzykowskiAppellate Division of the Supreme Court of the State of New York · 1986
- People v. Todd D.Appellate Division of the Supreme Court of the State of New York · 1984
- People ex rel. Manton v. Von HoldenAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by5 opinions
- People ex rel. Wilt v. MeloniAppellate Division of the Supreme Court of the State of New York · 1991
- Peck v. EvansAppellate Division of the Supreme Court of the State of New York · 2014
- People ex rel. Peters v. WalkerAppellate Division of the Supreme Court of the State of New York · 1999
- Peck v. EvansAppellate Division of the Supreme Court of the State of New York · 2014
- People ex rel. Fryer v. BeaverAppellate Division of the Supreme Court of the State of New York · 2002