People ex rel. Murray v. New York State Board of Parole

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs.

On oral argument, relator limited his submission to the contention that in adjudging him in violation of parole the State Board of Parole employed a constitutionally impermissible standard of proof, to wit, a preponderance of the evidence only (9 NYCRR 8005.19 [e]). Inasmuch as this issue was not raised in the Supreme Court or at the Appellate Division it may not be raised in our court (Cohen and Karger, Powers of the New York Court of Appeals [rev ed], § 169, pp 641-643).

In his brief relator…