People ex rel. Saafir v. Mantello
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
J*825udgment unanimously reversed on the law, petition granted and petitioner restored to parole status. Memorandum: The Division of Parole determined, after a final revocation hearing, that petitioner violated parole rules by possessing and using a controlled substance. The sole evidence of drug use or possession was the uncertified report of drug tests performed by a private laboratory upon petitioner’s urine samples. We conclude that, under the circumstances of this case, the Division failed to sustain its burden of proving that petitioner violated parole. To sustain its burden of proof, the…
2Cases cited8 opinions
- People ex rel. Vega v. SmithNew York Court of Appeals · 1985
- Lahey v. KellyNew York Court of Appeals · 1987
- People ex rel. McGee v. WaltersNew York Court of Appeals · 1984
- People ex rel. Newcomb v. MetzAppellate Division of the Supreme Court of the State of New York · 1978
- People ex rel. Warren v. MancusiAppellate Division of the Supreme Court of the State of New York · 1973
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3Cited by13 opinions
- State v. SanchezNew Mexico Court of Appeals · 2001
- People ex rel. Johnson v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1992
- People v. MantelloAppellate Division of the Supreme Court of the State of New York · 1990
- Zientek v. HerbertAppellate Division of the Supreme Court of the State of New York · 1993
- Trimaldi v. Superintendent of Washington Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 1991
8 more not listed; retrieve them via the Exa API.