People ex rel. McGee v. Walters
New York Court of Appeals
POINTS OF COUNSEL I. The report of violation of parole was correctly received into evidence under the business records exception to the hearsay rule. {Palmer v Hoffman, 318 US 109; Morrissey v Brewer, 408 US 471; People v Foster, 27 NY2d 47.) II. The record of the final revocation hearing contained sufficient evidence to support the finding that respondent violated his parole.
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POINTS OF COUNSEL I. The report of violation of parole was correctly received into evidence under the business records exception to the hearsay rule. {Palmer v Hoffman, 318 US 109; Morrissey v Brewer, 408 US 471; People v Foster, 27 NY2d 47.) II. The record of the final revocation hearing contained sufficient evidence to support the finding that respondent violated his parole. I. The report of violation of parole is an accusatory instrument and cannot be characterized as a business record. {Morrissey v Brewer, 408 US 471; Lichtenstein u Montefiore Hosp. & Med. Center, 56 AD2d 281.) II. There…
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
Generally, a parolee has due process and statutory rights to confront adverse witnesses whose statements are offered at a parole revocation hearing. Although these rights embrace a strong preference for face-to-face confrontation and cross-examination, a hearing examiner may, nevertheless, upon a specific finding of good cause, permit the introduction of adverse hearsay statements without affording the parolee an opportunity to confront their declarant. Any determination that dispenses with the need for confrontation requires consideration of the rights’…
2Cases cited4 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Goldberg v. KellySupreme Court of the United States · 1970
- Ohio v. RobertsSupreme Court of the United States · 1980
- Mancusi v. StubbsSupreme Court of the United States · 1972
3Cited by51 opinions
- Gray v. AdduciNew York Court of Appeals · 1988
- Layne v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1998
- Gordon v. BrownNew York Court of Appeals · 1994
- Moody v. CunninghamSupreme Court of New Hampshire · 1986
- Walker v. StateAppellate Division of the Supreme Court of the State of New York · 1985
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