Legal Opinion
People ex rel. Wilt v. Meloni
Appellate Division of the Supreme Court of the State of New York
Decided February 1, 1991PublishedCited by 8 opinions
1Opinion of the Court
Judgment unanimously affirmed. 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] [f] [viii]; 9 NYCRR 8005.19 [e]). It is well settled that hearsay is admissible in a parole revocation proceeding (9 NYCRR 8005.2 [a]) *990and may be the basis of a determination that parole was violated (People ex rel. McGee v Walters, 62 NY2d 317). We have held, however, that the burden of proof in a parole revocation proceeding is not satisfied unless there is a residuum of legal evidence to support…
2Cases cited4 opinions
- Lahey v. KellyNew York Court of Appeals · 1987
- People ex rel. McGee v. WaltersNew York Court of Appeals · 1984
- People ex rel. Saafir v. MantelloAppellate Division of the Supreme Court of the State of New York · 1990
- Hilbourne v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by8 opinions
- People ex rel. Brazeau v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1996
- Peck v. EvansAppellate Division of the Supreme Court of the State of New York · 2014
- Hardie v. RussiAppellate Division of the Supreme Court of the State of New York · 1996
- Prodromidis v. McCoyAppellate Division of the Supreme Court of the State of New York · 2002
- People ex rel. Peters v. WalkerAppellate Division of the Supreme Court of the State of New York · 1999
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