N.Y. Comp. Codes R. & Regs. Tit. 9 § 8005.2 - Evidence
(a) The formal
rules of evidence observed by courts need not be followed, except that the
rules of privilege recognized by law shall be observed.
(b) Objections to evidentiary offers must be
made and noted on the record.
(c)
At a preliminary revocation hearing, proof of conviction of a crime committed
while under supervision shall constitute prima facie evidence of a violation of
a condition of release in an important respect.
(d) At a final revocation hearing, a
certificate of conviction or commitment is prima facie evidence of an alleged
violation. Where the only alleged violations are acts which have resulted in
criminal convictions, the parole officer and witnesses need not be
present.
(e) Official notice may be
taken of all facts of which judicial notice could be taken, and of other facts
within the specialized knowledge of the division. When official notice is taken
of a material fact not appearing in the evidence in the record and of which
judicial notice could not be taken, every party shall be given notice thereof
and shall on timely request be afforded an opportunity prior to decision to
dispute the fact or its materiality.
Notes
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